HomeMy WebLinkAboutC-1927(B) - Arterial Highway Financing Program; Project Administration Agreement; Right-of-Way Improvements of West Coast Highway from 57th Street to the Santa Ana RiverCITY OF NEWPORT BEACH
CALIFORNIA
DATE Na 31, 1978
TO: FINANCE DIRECTOR
FROM: City Clerk
City flan
3300 W. Newport Blvd.
Area Code 714
SUBJECT: Contract No. C -1927 C -1
Description of Contract pacific Coast fty Imic"asats /57th St. -Smta Ana Bust
Authorized by Resolution No. 9318 , adopted on 4 -24 -78
Effective date of Contract Isay 9, 1978
Contract with
Addres
Santa Am. CA 92702
Amount of Contract S" Contract.
City &�e,.Ae
IQ
t
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
PLF_AgE RFTURN TO
CITY CLERK
CITY OF NEWPORT BEACH
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CALIF. 92663
PROJECT: # 881
Coast Highway between
the Santa Ana River
and 57th Street
WITNESSETH:
COUNTY OF ORANGE
ARTERIAL HIGHWAY FINANCING PROGRAM
PROJECT ADMINISTRATION AGREEMENT
is
MEMORANDUM OF AGREEMENT entered into this
day /L1 fl , 1971
by and between:
CITY OF NEWPORT BEACH, a municipal corpora-
tion, 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 including 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 Fund for aid to the
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 Divi-
sion of the League of California Cities have agreed upon a cooperative financial pro-
gram 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 1977 -78 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 resol-
ution adopted the formal procedure for the administration of the Arterial Highway Fi-
nancing 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
—1— R/W
Y
0 0
1 Program Procedure Manual; and
2 WHEREAS, it is mutually agreed between the parties that Coast Highway
3 between the Santa Ana River and 57th Street, a street included in the Orange
4 County Master Plan of Arterial Highways, is a street of general County interest
5 and should be improved in accordance with the policies of the Arterial Highway
6 Financing Program. Said work of such improvement shall be referred to hereinafter
7 as the Project; and
8 WHEREAS, the City, as Lead Agency, has completed the environmental
9 assessments as required by the California Environmental Quality Act of 1970 by ap-
10 proving a Negative Declaration for the Project a copy of which-is on file with
11 the County; and
12 WHEREAS, the City has filed the Notice of Determination with the Clerk of
13 the Board of Supervisors of the County; and
14 WHEREAS, no additional environmental documents are required for compliance
15 with the California Environmental Quality Act.
16 NOW, THEREFORE IT IS AGREED by the parties hereto as follows:
17 1. The procedures outlined in the Arterial Highway Financing Program (AHFP)
18 Procedure Manual herein referred to shall be made a part of this agreement.
19 1 2. The project is originated for.the purpose of acquiring right -of -way.
20 Construction shall be scheduled in subsequent fiscal programs as soon as funds become
21 available.
22 3. The Project Engineer in charge of right -of -way acquisition for the
23 Projects is hereby designated as the City.
24 4. The Project shall be subject at all time to review by the authorized
25 representatives of both parties.
26 5. Right -of -way to be acquired and geometric standards for the Project
27 shall be mutually agreed upon by the parties hereto by the preparation of a project
28 report prior to expenditure of funds.
-'2- R/W
0 0
1 6. Funds to be used for the Project:
2 (a) The estimated cost of the project covered by this agreement is
3 SURVEY AND PLANS: -0-
RIGHT -OF -WAY ACQUISITION: $ 120,000
4
TOTAL:
5
6 (b) On the basis of the above estimate, this Project will be financed
as follows:
7
COUNTY FUNDS: $ 60,000
8 CITY FUNDS: 60,000
9 TOTAL: $120,000
10 (c) If after appraisals have been made and acquisition actions initiated
11 it appears that the project estimate will exceed the original allocation by more than
12 15 %, the Project Engineer shall request the City Council and Board of Supervisors for
13 additional funds. The request for additional allocations shall follow the procedures
14 as set forth in the AHFP Procedure Manual.
15 (d) Final adjustments of Project costs will be made on the basis of the
16 County fifty percent (50 %), the City fifty percent (50 %) on eligible items.
17 (e) Any funds spent prior to July 1, 1975 shall not be considered in
18 the final accounting of this project.
19 (f) Funds allotted by the County shall revert to the Arterial Highway
20 Financing Program if the right -of -way to be acquired is not in escrow or under
21 condemnation by June 30, 1979.
22 7. County -wide extension of the Arterial System:
23 To promote uniformity of County Arterial Highway System with the City
24 Master Plan of Major Streets, both parties agree to continue the promulgation of the
25 AHFP as outlined in the aforementioned Procedure Manual.
26 IT IS MUTUALLY UNDERSTOOD AND AGREED:
27 1. That neither County nor any officer or employee thereof shall be respon-
28 sible for any damage or liability occurring by reason of anything done or omitted to
-3- R/W
y .
• •
be done by City under or in connection with any work, authority or jurisdiction dele-
gated 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 of 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 omitted 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 harmless from any liability imposed for injury (as defined by Government
Code Section 810.8) occuring 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.
3. That notwithstanding any other provisions of this contract, the
parties hereto recognize the existence of Proposition Number 13, the so- called
Jarvis Amendment, an initiative measure that will be on the ballot for the June 6,
1978, statewide primary election, which Proposition, if adopted by the voters, will
seriously and substantially reduce the funding of County activities. It is, there-
fore, agreed that if Proposition 13 is adopted County reserves the option to
immediately terminate this agreement by notice, deposited in the mail, to the
other party, in which event the County shall be liable only for completed work.
IN WITNESS WHEREOF, City has caused this agreement to be executed by its
-4- ( R/W
1 Mayor and attested by its Clerk, and County has caused this agreement to be executed
2 by the Chairman of its Board of Supervisors and attested by its Clerk on the dates
3 written opposite their signatures, all thereunto duly authorized by the City Council
4 and the Board of Supervisors, respectively.
5 CITY OF NEWPORT BEACH, a municipal
corporation.
6
7
, 7 By
g Dated: � 19
Mayor
9
1011 ATTEST:
11
i
12
Clerk of the Council
13
14
15
16 p
17 Dated: -> ' 1919
18 _
19 ATTEST:
20
21
— V JUNE ALEXANDER
22
Clerk of the Board of Supervisors
23 of Orange County, California
24
2511
yea'( ?C(
26
28
KES:rm341b(3)
COUNTY OF ORANGE, a political subdivision
of the State of California
0
By
Chairman, Board of SupepAsors
APPROVED AS TO FORM
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By /
R/W
r
RIGHT OF WAY CERTIFICATION
The City of Newport Beach hereby certifies in connection with the
right of way for Projects 881 and 882 that :
1. All right of way is either publicly owned or a condemnation
action has been filed and an order of immediate possession
has been obtained.
2. The Davidson Realty office (the condemned property) remains
in the right of way and as a condition of the condemnation
action, will not be demolished until after September 15, 1978.
The project plans and specifications make provisions for this
requirement and the presence of the building will not.appre-
ciably affect the construction contract.
. 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 Certificate and its use of said right of way.
CITY OF NEWPORT BEACH
BY P
Mayor.
ATTEST ✓�- -�����
City Clerk
DATE: 0.AA..�.
il
- -�
11
• •
RESOLUTION NO. 9318
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 RIGHT -OF -WAY IMPROVEMENTS OF
WEST COAST HIGHWAY (57TH STREET TO SANTA
ANA RIVER)
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 right-
of-way improvements of West Coast Highway (57th Street to
Santa Ana River); 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
ATTEST:
City Clerk
24th day of April , 1978.
Mayor
DDO /bc
4/19/78
jt!i %; 1 1
By the Ci'iY COUrvCiL
CITY OF N6NI"'T
TO: CITY COUNCIL
FROM: Public Works Department
00
June 11, 1979
CITY COUNCIL AGENDA
ITEM NO. G -1
SUBJECT: STREET IMPROVEMENTS, SOUTHERLY SIDE OF EAST COAST HIGHWAY BETWEEN
JAMBOREE ROAD AND AVOCADO AVENUE (E =19901
RECOMMENDATIONS:
1. Adopt a resolution requesting the County of Orange to increase
the Fiscal Year 1978 -79 Arterial. Highway Financing Program
allocation for the construction of street improvements on
Coast Highway, south side between Jamboree Road and Avocado
Avenue (C -1990) (AHFP #944).
2. Adopt a resolution awarding Contract No. 1990 to the Griffith
Company for $196,196 and authorizing the Mayor and the City
Clerk to execute the contract.
DISCUSSION:
Five bids for this contract were opened at 2:30 P.M. on May 31, 1979.
Bidder Amount
Griffith Co., Irvine $196,196.00
McGrew Construction, Anaheim $201,345.10
Shea Co. & Associates Inc., Walnut $233,834.00
T. J. Crosby Inc., Santa Ana $249,991.40
Sully- Miller Construction Co., Orange $264,568.00
The low bid was 30% more than the engineer's estimate of $150,500.
Most of the difference between the estimate and the bid is in the prices for
clearing and grubbing and for excavation. Both items involve extensive traffic
control and the excavation is very near a 12 -inch natural gas line. Although
these conditions were considered in the estimate, they were not adequately pro-
vided for and it is recommended that the project be awarded. The Griffith Co.
has satisfactorily performed similar work for the City in the past.
Eastbound traffic on Coast Highway adjacent to the work will be re-
stricted to one lane at times during construction. The project special pro-
visions provide that the lane closure be held to a bare minimum with traffic
open to both eastbound lanes by 3:30 P.M. each day. No lane closures will be
permitted on holidays or weekends. Several conditions affecting this project
were considered in scheduling the work during the summer.
Traffic counts made during the past year indicate that the
summer volumes are only slightly larger than the winter volumes
(35,000 ADT and 33,000 ADT respectively).
June 11, 1979
Subject: Street Improvements, Southerly Side of East Coast Highway Between
Jamboree Road and Avocado Avenue (C -1990)
Page 2
2. Poor soil conditions (clayey soil) extend the entire length of
the project and could cause delays in the work and damage to the
gas line if the project were constructed during rainy weather.
Funding for the project is as follows:
City Gas Tax Funds $ 98,098
County AHFP Funds 98,098
Total Construction $196,196
In December, 1977, the City requested the County to provide $70,000
in the Fiscal Year 1978 -79 Arterial Highway Financing Program (AHFP). In
April, 1979, when the project administration agreement was executed with the
County, the allocation was increased to $87,500 based on the engineer's esti-
mate. Based on the contract low bid the County's share including contract
administration, design, and construction engineering is $110,500. The County
requires a new resolution requesting an increased allocation when the project
cost exceeds the original allocation by over 15 %. The County has indicated
that the additional $23,000 is available and can be programmed upon receipt
of the resolution.
To provide funds in the budget for the construction of the project,
the following budget amendments are required:
Increase Account No.: By
1) Gas Tax Fund, 19- 3374 -008 $36,500
2) AHFP Fund, 20- 3374 -031 $36,500
It is recommended that the Gas Tax Funds be transferred from the Gas Tax
Account No. 19- 5678 - 005 -- Install and Upgrade Traffic Signals. The AHFP funds
will be provided by the County through an increased allocation..
The budget amendments have been prepared and.will be considered
separately.
The plans and specifications were prepared by the Civil Engineering
Firm of Williamson and Schmid of Irvine. The estimated date of completion is
September 14, 1979.
Attached is a sketch showing the location and limits of the project.
BenJamin B. Nolan
Public Works Director
JSW:jd
1� [FN7F4 'a .V ��y Agra
Alab
cpwno✓ ccue
r
W;-- ..../
5�'4� ^•%.w51\ \win CA.A�..' \v 1,Y ArY' � \�r / \V \ \Y•tG /V JI •IIT i —�In�! r1 'I(1n� °w
N. TS. szr °f°r v"na rxw
r¢P�.H �✓w �.
"ems K0.O /fl
��•>d�� ae'Iwcz i
wevss
AP
.Ep �pRS
I'
s z�
6iV"&.&WCV jftaleAV& 4446'
Z��ec:;C. ClAOir BI/T7'6R
-tv v6 70AdCMMM 6 0 WgDBS
(wOP"44Y 6X. B/KB M. m
AZf7t.N CURB 6R4,DB5
TY� /C✓Z 5'ECT /ON
. �.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
,WciF-ic 00497- 111C-11A04r
(5 /5/aE)
✓s1Mc30.PEE RO. ro 44204D0 i411E.
DRAWN NO. DATE
APPROVED
PUBLIC WORKS DIRECTOR
R.E. NO. _
DRAWING NO.
90
R" 11 1979
RESOLUTION NO.
By the CITY COUNCIL
" ITY OP NGWP ORT RFAC ' :
8566
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH REQUESTING THE COUNTY OF ORANGE
TO INCREASE THE FISCAL YEAR 1978 -79 ARTERIAL
HIGHWAY FINANCING PROGRAM ALLOCATION FOR THE
CONSTRUCTION OF STREET IMPROVEMENTS ON COAST
HIGHWAY, SOUTH SIDE BETWEEN JAMBOREE ROAD AND
AVOCADO AVENUE (C -1900)
WHEREAS, on December 12, 1977, the City Council
adopted Resolution No. 9242 requesting the County to provide
$70,000 for the improvement of East Coast Highway between
Jamboree Road and Avocado Avenue in their 1978 -79 Arterial
Highway Financing Program (AHFP), Project No. 944; and
WHEREAS, thereafter on April 23, 1979, the City
Council adopted Resolution No. 9545 authorizing the execution
of an agreement which increased the County's allocation for
said project to $87,500; and
WHEREAS, based on the latest appraisal of the project,
the County's share of costs needs to be increased further to
$110,500; and
WHEREAS, the County has requested that the City adopt
a resolution requesting the increased allocation for AHFP
Project No. 944,
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Newport Beach hereby requests that the County
of Orange increase the AHFP allocation for Project No. 944 to
$110,500.
ATTEST:
City Clerk
ADOPTED this 11th
day of June , 1979.
Mayor
kb
6/5/79
00
a 11. W9
By the cay CWNW -
00 IkW-
RESOLUTION NO. 9567
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AWARDING A CONTRACT TO THE
GRIFFITH COMPANY IN CONNECTION WITH STREET
IMPROVEMENTS, SOUTHERLY SIDE OF EAST COAST
HIGHWAY BETWEEN JAMBOREE ROAD AND AVOCADO
AVENUE (C -1990)
WHEREAS, pursuant to the notice inviting bids for work
in connection with the construction of street improvements on the
southerly side of East Coast Highway between Jamboree Road and
Avocado Avenue, in connection with the plans and specifications
heretofore adopted, bids were received on the 31st day of May,
1979, and publicly opened and declared; and
WHEREAS, it appears that the lowest responsible bidder
therefor is THE GRIFFITH COMPANY,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the bid of THE GRIFFITH COMPANY
in the amount of $196,196.00 in connection with the street
improvements on the southerly side of East Coast Highway between
Jamboree Road and Avocado Avenue be accepted, and that the
contract for the described work be awarded to said bidder; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby authorized and directed to execute a contract in
accordance with the specifications, bid, and this award on behalf
of the City of Newport Beach, and that the City Clerk be directed
to furnish an executed copy to the successful bidder.
ADOPTED this 11th day of June , 1979.
ATTEST:
City Clerk
Mayor
kb
6/5/79
'1
Py
TO: CITY COUNCIL
FROM: Public Works Department
0
MARCH 26, 1979
CITY COUNCIL AGENDA
ITEM NO. H -13
SUBJECT: ACCEPTANCE OF WEST COAST HIGHWAY IMPROVEMENTS FROM 57TH STREET TO
THE SANTA ANA RIVER (G ,1927)
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the bonds 35 days
after Notice of Completion has been filed.
DISCUSSION:
The contract for the improvement of West Coast Highway from 57th
Street to the Santa Ana River has been completed to the satisfaction of the
Public Works Department.
The bid price was $606,679.50
Amount of unit price items constructed 591,123.59
Amount of change orders 20,366.29
Total contract cost 611,489.88
Funds were budgeted in the General, Gas Tax, Arterial Highway
and Water Funds.
Six change orders were issued:
The first; in the amount of $3,150, provided for a change in the
type of catch basins on the northerly side of the highway near 62nd Street.
This change resulted in a reduction of $3,300 in the amount of unit price
items constructed.
The second, in the amount of $250, provided for the construction of
drain pipes from the Tradewinds parking lot.
The third, in the amount of $13,814.56, provided for the construction
of concrete pavement in the bus turnouts. These turnouts conform to those
currently being constructed by CalTrans at other locations along Coast Highway.
The fourth, in the amount of $218.48, provided for a small amount
of resurfacing in the Tradewinds and 58th Street Park parking lots to provide
drainage and tie into the new improvements.
March 26, 1979
Subject: Acceptance of West Coast Hi hway Improvements from 57th Street to
the Santa Ana River (C -1927
Page 2
The fifth, in the amount of $510.30, provided for an extra longi-
tudinal joint in the sidewalk as required by the State inspector.
The sixth, in the amount of $2,422.95, provided for additional aggre-
gate base, at invoice cost, to compensate for variations in elevation of the
existing highway.
The design engineering was performed by Robert Bein, William Frost
and Associates of Newport Beach.
The contractor is Clarke Contracting Corporation of Compton,
California.
The contract date of completion was February 13, 1979. The project
was substantially completed by November 30, 1978. All work was completed by
December 22, 1978.
Benjamin B. Nolan
Public Works Director
GPD:jd
\'`.,.',:. . ... ..... B/N FORM 105 -B - -: -r
For Use By Sub- Contractors; Materialmen- Supplir .rchitects; we 0 t-� 2
Engineers; and Other Nan- Contractor Claimants On NO.
PUBLIC or PRIVATE Construction Projects.
Legal Notice Prerequisite To Filing Claim Of Lien
And /Or Stop Notice —k`20 -Day Preliminary Notice"
Per Sections 3097 and 3098 of California Civil Code (as amended. b'v Assembly .Bi114092,
Effective January 1, 1977, and January 1r'1978):' .. , ....
R TO: LENDER (Or Reputed Lender) OF CONSTRUCTION FUNDS -(If Any) .'
e 'x tf
Name
a
Street
c
" City
u4 L y J
Note: If address of above party is not known, JOB SITE ADDRESS may be substituted an second and third lines
share. If name of lender is not known, you may substitute the words "CONSTRUCTION LENDER" on first line.
Excerpt From Sec. 3097, Calif. Civil Code
TO: ❑ OWNER (Or Reputed Owner) CR PUBLIC AGENCY (i) Theo provisions npu of this hick i shall
not apply a any public work which is b-
Z. Private Work) (On Public Work) jest to the notice previsions of Section
c c 4210 of the Government Code.
Name C'.i ty of NewnnTt Beach
Street 3300 Ne.&= 't Blvd
a o`
is 2 city Newport Beach,Cali£ 92663 , _
P.:
Note: If address• of above party is not known, JOB SITE ADDRESS may be substituted on second and third lines
above. If name of owner is at known. You may substitute the wont "OWNER" an first line an orivaty wore, only_
TO: ORIGINAL ("General") CONTRACTOR (Or Reputed Contractor) (If Any) -
�.= Name Clarke Contracting Corm
Street 1934 Gladwick St
c _
city Ccop on, aT i f.90220
�.. -c..J
"4 Nate: If address of above party is not known, JOB SITE ADDRESS may be substituted on second and third lines above,
If name of original contractor is not known, you may substitute the words "GENERAL CONTRACTOR" on first line.
(This Form Is NOT A Mechanic's Lien — Merely A Legal Requirement To Protect Lien Rights)
The name of the LEGAL ENTITY (i.e. Person, partnership, corporation, sub - contractor) he CONTRACTED for the
0 PURCHASE of such labor, services, equipment or material is: ( I same as ORIGINAL CONTRACTOR named above;
OR:
Above named parties are informed that claimant named below has furnished (or will furnish) labor, services, equipment or
material for buildings, structures or other works of improvement to protect named above of following general description:
0 WPCt C na St T-ii gl'x = 1MprnvtsrnPntS
— eement af9r-le
FROM CLAIMANT: Date 1 f� /�78
Name_ .TnP 7 (':nnst MlC+tion
Street Fl l F� i,217i52 ' -re - - - - - -- -- --
City Encino Calif. in 91316
Or Authorized Agent Sign Here)
The estimate of the total price of the labor, service, equipment or materials @
furnished (or to be furnished) including cartage and any applicable taxes is $
(This information is required to be furnished ONLY to LENDER OF CONSTRUCTION FUNDS
RE CONSTRUCTION PROJECT:---*
West Coast HicThwav
(Name Or Description Of Project)
Improvements
(Street Address OR Lot And Tract No.)
(Traci /Subdivision Boundaries)
( ] (City) OR ( ] (County)
EXCERPTS FROM SEC. 3097, CALIFORNIA CIVIL CODE
3097. "Preliminary 20 -day notice (private work)" means
a written notice from a claimant that is given prior to the
recording of a mechanic's lien and prior to the filing of
a stop notice, and is required to be given under the
following circumstances:
(a) Except one under direct contract with the owner or
one performing actual labor for wages, or an express trust
fund described in Section 3111, every person who furnishes
labor, service, equipment, or material for which a lien
otherwise can be claimed under this title, or for which a
notice to withhold can otherwise be given under this title,
must, as a necessary prerequisite to the validity of any
claim of lien, and of a notice to withhold, cause to be
given to the owner or reputed owner, to the original con-
tractor, or reputed contractor, and to the construction
lender, if any, or to the reputed construction lender, if
any, a written preliminary notice as prescribed.
(b) Except the contractor, or one performing actual labor
for wages, or an express trust fund described in Section
3111, all persons who have o direct contract with the
owner and who furnish labor, service, equipment, or material
for which a lien otherwise can be claimed under this title,
or for which a notice to withhold can otherwise be given
under this title, must, as a necessary prerequisite to the
validity of any claim of lien, and of a notice to withhold,
cause to be given to the construction lender, if any, or
to the reputed construction lender, if any, a written pre-
liminary notice as prescribed by this section.
(c) The preliminary notice referred to in subdivisions (a)
and (b) shall be given not later than 20 days after the
claimant has first furnished labor. service, equipment, or
moteri cis to the jobsite, and shall contain the following:
A general description of the labor, iervice,-eGUTpmeny,
or materials furnished, or 10 be furnished, and if there
is a construction lender, he shall be furnished with an
estimate of total price thereof in addition to foregoing.
The name and address of such person furnishing such
labor, service, equipment, or materials.
} The name of the person who contracted for purchase of
such labor, service, equipment, or materials.
A description of the jobsite sufficient for identifi-
cation.
( The following statement in boldface type:
NOTICE TO PROPERTY OWNER
If bills are not paid in full for the labor, serv-
ices, equipment, or materials furnished or to be
furnished, a mechanic's lien leading to the loss,
through court foreclosure proceedings, of all or
part of your property being so improved may be
placed against the property even though you
have paid your contractor in full. You may wish
to protect yourself against this consequence by
(I) requiring your contractor to furnish a signed
release by the person or firm giving you this
notice before making payment to your contrac.
tor or (2) any other method or device which is
appropriate under the circumstances.
If such notice is given by a subcontractor who is re-
quired pursuant to a collective- bargaining agreement to
pay supplemental fringe benefits into an express trust fund
described in Section 3111, such notice shall also contain
the identity and address of such trust fund or funds.
(List here:)
A certificated architect, registered engineer, or licensed
land surveyor who has furnished services for the design
of the work of improvement and who gives a preliminary
notice as provided in this section not later than 20 days
after the work of improvement has commenced shall be
deemed to have complied with subdivisions (a) and (b)
with respect to architectural, engineering, or surveying
services furnished, or to be furnished.
(d) If labor, service, equipment, or materials have been
furnished to a lobsits by a person who elected not to
give a preliminary notice as provided in subdivision (a) or
Del, such person shall not be precluded from giving a
preliminary notice not later than 20 days after furnishing
other Iabor, service. equipment, or materials to the some
jobsite. Such person shall, however, be entitled to claim o
lien and a notice to withhold only for such labor, service,
equipment, or material furnished within 20 days prior to
the service of such notice, and at any time thereafter.
(e) Any agreement made or entered into by an owner,
whereby the owner agrees to waive the rights or privileges
conferred upon him by this section shall be void and of
no effect.
(h) -Where the contract price to be paid to any subcon-
tractor on a particular work, of improvement exceeds four
hundred dollars ($400), the failure of that contractor,
licensed under Chapter 9 (commencing with Section 7000)
of Division 3 of the Business and Professions Code, to
aive the notice provided for in this section, constitutes
grounds for disciolinary action by Registrar of Contractors.
f
t
F
¢' ,6.` k
F
r
nX 5
$
"'F- Wei• -.��.
§
���'� _.R'' � c 4 �^.^xV -.�4
vr�-
- _
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
55.
County of Orange,
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the printer of the Newport Harbor
Ensign newspaper of general circulation, printed and pub-
lished weekly in the city of Newport Beach, County of Or-
ange, and which newspaper has been adjudged a news-
paper of general circulation by the Superior Court of the
County of Orange, State of California, under the date of
May 14, 1951, CASE NUMBER A -20178 that the notice, of
which the annexed is a printed copy (set in type not smaller
than nonpareil). has been published in each regular and en-
tire issue of said newspaper and not in any supplement
thereof on the following dates to -wit:
�"] n
.........a G J
is the
-. insurance acceptable to
City. The succuessful low
der will be required to com-
plete this form upon award of
the contract. (A sample form is
attached for reference.)
For any required bonds, the
company issuinq bid bonds;.
labor and material Bonds, and
faithful performance , bonds
must. be an insurance corn.
pany or surety.cpany. licen.
' sed :by the;Slate: of California:
PUBLIC NOTICE,
Cm OF
NEWPORTBEACH,
-: , ,CALIFORNIA
NOTICE INVITING BIDS
SEALED :!`BIDS will. be
recei ved. at the office of the
City Cleik.CItyliall, Newport
Beach, Celiloxnaiuutil 2:00
p.m. oa the 31st,.aye of May,
1978, at wh .titne,!a will ey
be opened aa¢- cead�y.lor
forming work as follows: -
WEST COAS1F. ;inrt -twnv: .
TA ANA RIVER -
Bids must be submitted on
the prop6s0tcjpxmp attached -
with the :.cbtllFhLtz :documents
furnished(TWbirY.4blic Works
Departmdati 71W"additional
copy of the,propcsal form into
tretained by the:bidder fqr:
reccrds, ; :r
Each bfd'�ihust".
I certify (or declare) under penalty of perjury that the
apartment, Cit Hall,
ewport Beach, Celt ornia, at
^�?ie Sn =ce ig TO' the Co', no cost to licensed contractor.
President or dice President It is requested that the
Or Secretary or talent
rig�tar t' are r equired a and
plans
and contract documents be
tt}� rl be I
returned within 2 weeks after
rzetl o si a�ealds c
�r�np ocnme �e
. a of- st atures 1n a
a
the bid opening.
The City has adopted the
arinership t e
signature of at least one
Standard Speciffcatiom for
public
I general partner is required.
WorksConetructtippn
No bids will be accepted
(1976 Edition) as prepared by
the h ornma
from a contractor who has not
southern Cbay-
tern American
been licensed in accordance
of the Public
with the provisions of Chapter
Works Association and the
9, Division III of the Business
Associated' General Con -
and Professions' Code. The
tractors of America. Copies
contractor shall state his licen-
may be obtained from
se number and classification
! Building News, Inc., 3055
in the proposal.
Overland Avenue; Los
One set of plans and con-
tract documents, including
Angeles, California 90034,
special provisions, may be ob-
(213) 870 -9871.
IIIL�
taine
The City has adopted Stan-
dard Special Provisions and
Standard Drawings. Copies of
Proof of Publication of
these are available at the
Public Works Department at a
t✓U'1T_;
cost of $5 per set.
- A standard "Certificate of
is the
-. insurance acceptable to
City. The succuessful low
der will be required to com-
plete this form upon award of
the contract. (A sample form is
attached for reference.)
For any required bonds, the
company issuinq bid bonds;.
labor and material Bonds, and
faithful performance , bonds
must. be an insurance corn.
pany or surety.cpany. licen.
' sed :by the;Slate: of California:
PUBLIC NOTICE,
Cm OF
NEWPORTBEACH,
-: , ,CALIFORNIA
NOTICE INVITING BIDS
SEALED :!`BIDS will. be
recei ved. at the office of the
City Cleik.CItyliall, Newport
Beach, Celiloxnaiuutil 2:00
p.m. oa the 31st,.aye of May,
1978, at wh .titne,!a will ey
be opened aa¢- cead�y.lor
forming work as follows: -
WEST COAS1F. ;inrt -twnv: .
TA ANA RIVER -
Bids must be submitted on
the prop6s0tcjpxmp attached -
with the :.cbtllFhLtz :documents
furnished(TWbirY.4blic Works
Departmdati 71W"additional
copy of the,propcsal form into
tretained by the:bidder fqr:
reccrds, ; :r
Each bfd'�ihust".
I certify (or declare) under penalty of perjury that the
payabte.,:to... the Arit -y_ Of,
I Newport Beach; for au amount
foregoing is true and correct. Dated at Newport Beach,
aqua) to at beast it).pardeat of
I the amount bid.;
California,this c ±_, dayof •, -. t_ 19 .7,,�,
"-.
The ti 16 the.piojecYand;
-aJ r- :.' :,-.. :....
-..,.
the words "SEALED BID" shah`
be clearly marked on the outer
- `
side of the envelope con -%
taining the bid. '
The contract documents
....
�.
that must be completed,
_
executed, and returned in the
sealed bid are:
Signature
A. Proposal
1 B. Designation of Sub.
contract
ors .
C. Bidder's Bond
' •- r D. Noa- colltisidn Afii F vii
E. Statemac g.,of Financial
_ - Rmponsibiffip
"e F. Technical Ability and Ex.
M �O
.. .. -- perience Aeieteaces
These documents sball be
: affixed with the signature and
2721 E. Coast Hwy., Corona del Mar, California 92625. titles of the persons signing on
behalf of the bidder. For coi-
1 porations, the signatures of the
PROOF OF PUBLICATION
a mursetam t1e,nesul,,, poll', hddeV , a iof 1F of better
and a Lat1i'm . category of a
.,-.. .
-asp" ' the 3btea
'e8ifda2Q;Best's .Key?, Hating
Fuide."(I?fbperty- Liability).. .
In'. :'accordance with the
provisions of Article 2; Cbap'
ter 1, Part 7 of the Califorhia
Labor Code (SscHonstd77o at
seq), the Director of Industrial
Relatross j)ae ascertained! the
general' t rate of per
drain t- .locality. in
whitilf' a �ieoik` tl�'ic. ba
per-
formed .� :1,Qr:;; :- beech- craft,
classiticatidfs, bzRype' of work-
man a[ mec}ianic neeclwi in
11.31
A copy.
ion IS
An
by
to
ttons r 1770.1781 'ibelusive).'
The contractor shall bo'j.
responsible far. compliance
with Section 1777.5 of the
California Labor Code'for%all ,...
aprentioeable occupation.
The'coairactor shall poet a-
copy of; the prevailing. wage.
rates at the job site. Copies"
may be obtained from the
Public Winks Department.
The City reserves .the rig ht.
to reject any or all bids and to
waive any informdlity_in such `
bids.
Published May 4, 1978 in the
Newport Harbor Ensign.
0
i.
By iho CITY Co '
TO: CITY COUNCIL
FROM: Public Works Department
June 12, 1978
CITY COUNCIL AGENDA
ITEM NO. H -2(j)
SUBJECT: WEST COAST HIGHWAY IMPROVEMENTS FROM 57TH STREET TO THE SANTA
ANA RIVER (C -1927)
RECOMMENDATION:
Adopt a resolution awarding contract No. 1927 to Clarke
Contracting Corporation for $606,679.50 and authorizing
the Mayor and City Clerk to execute the contract.
DISCUSSION:
Seven bids for this contract were opened at 2:00 P.M. on
May 31, 1978.
Bidder
Clarke Contracting Corp. Compton $606,679.50
ECCO Construction, Inc., Santa Ana 647,777.20
Griffith Company, Irvine 679,882.25
Sully- Miller Contracting Co., Orange 697,334.80
Silveri & Ruiz Construction Co., Fullerton 697,726.12
Lumsdale - Savala (Joint Venture), Costa Mesa 768,360.00
Fleming Engineering, Inc., Cerritos 983,166.00
The low bid was 24% more than the engineer's estimate of
$488,000. Most of the difference between the estimate and bid are due
to price increases related to a shortage of concrete. This affected
prices for curb, gutter, sidewalk, concrete backfill and storm drain
pipe. Based on prices currently being quoted on other projects, the bid
by Clarke Contracting Corp. is reasonable and it is recommended that the
project be awarded. Clarke Contracting Corp. has satisfactorily performed
similar work for the City in the past.
Funding for the project is as follows:
City Gas Tax
Fund 19- 3365 -001
$251,747
Orange County
A.H.F.P.
20- 3365 -001
245,374
City General
Fund
Storm Drain
Construction 02- 3497 -141
78,000
Owner Contribution
02- 3397 -159
6,219
77 -78 Bike
Funds
02- 7697 -086
15,765
76 -77 Bike
Funds
02- 7697 -089
6,575
Water Fund
50- 9277 -001
3,000
Total $606,680
A
•
June 12, 1978
Subject: West Coast Highway
Ana River (C -1927
Page 2
•
Improvements from 57th Street to the Santa
The following budget amendments are needed to provide the
funding described above:
1. Increase the AHFP contribution account by $55,000. This
amount includes a $30,000 increased allocation for right -
of -way acquisition. The remaining $25,000 is within the
allowed 15% increase provided for in the AHFP cooperative
agreement. The amendment will allow $20,000 to be carried
over to the 78/79 fiscal year for right -of -way costs.
2. Add to the budget $6,219 for the construction of improve-
ments that are the responsibility of the adjoining land
owner. In the 76/77 fiscal year, the owners of the liquor
store.at the corner of Orange Street and Coast Highway
deposited cash with the City for the estimated cost of the
improvements between Orange Street and Colton Street.
3. Account No. 02- 7697 -089 (West Newport Park Bike Trail) in
the'prior years encumbrances has a $6,575 unencumbered
balance. This amount is to be returned to surplus and re-
budgeted for this project.
The budget amendments have been prepared and will be considered
separately.
The estimated date of completion for this project is November
15, 1978. The plans and specifications were prepared by Robert Bein,
William Frost and Associates, Civil Engineers.
A sketch is attached showing the typical cross section and
project limits.
oseph�T) Devlin
ubiic Works Director
„
Att.
- - -- 3TOPM DRAIN
■ w CORE IALET, QuT t sT STtwc.
a�
h
PLAN
/E+o'
_0
1 PD'
EA /BT /NC 2 E•Y /3T. L.SWE A/ED /.4N 3— L.QiY.
� /LGL�R A4EA /NTEO
V EAIEPGtEiYCY
�.I
l�.4.P/.4BLE A.G GivE.PLAY
NEW ifLZ✓OYf.4Y .�WY /M?
s;
7'1 /o' 11 2Sf
i
EA /9T /NO .Q//J' I
4 v
TYP /CAL BELT /DN
CITY OF NEWPORT BEACH DRAW" DATE
PUBLIC WORKS DEPARTMENT
.WEST COAST 016H AY IIAPROVEI,AEKTS EXHIBIT "A �
1i'" STREET 70 3l1lITAANA tivm
0 0
r�
IIIi ��
1 �►
I
e
1.' r
• `�,,_ ail
Q 1 .
1s�r
s
a (.,
111 E
JUN 12 1978
By +he CITY COUNC I'
OF eiaweKPV~ RESOLUT4 NO. ,f 7�
a C�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY
OF NEWPORT BEACH AND CLARKE CONTRACTING CORPO-
RATION FOR WEST COAST HIGHWAY IMPROVEMENTS FROM
57TH STREET TO THE SANTA ANA RIVER, CONTRACT
NO. 1927
WHEREAS, pursuant to the notice inviting bids for
work in connection with West Coast Highway improvements from
57th Street to the Santa Ana River, in accordance with the
plans and specifications heretofore adopted, bids were received
on the 31st day of May, 1978, and publicly opened and declared;
and
WHEREAS, it appears that the lowest responsible bidder
therefor is CLARKE CONTRACTING CORPORATION;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the bid of Clarke Contracting
Corporation for West Coast Highway improvements from 57th Street
to the Santa Ana River in the amount of $606,679.50 be accepted,
and that the contract for the described work be awarded to said
bidder;
BE IT FURTHER RESOLVED that the Mayor and City Clerk .
are hereby authorized and directed to execute a contract in
accordance with the specifications, bid and this award on behalf
of the City of Newport Beach and that the City Clerk be directed
to furnish an executed copy to the successful bidder.
ATTEST:
City Clerk
ADOPTED this 12th day of June , 1978.
Mayor
DDO /kb
6/5/78
.,.
i
:I
TO: CITY COUNCIL
FROM: Public Works Department
May 9. 1977
CITY COUNCIL AGENDA
ITEM NO. H -2 d & BA 88
SUBJECT: WEST COAST HIGHWAY WIDENING (SOUTH SIDE) FROM 57TH STREET TO
THE SANTA ANA RIVER (C -1927)
RECOMMENDATION:
Adopt a resolution authorizing the Mayor and City Clerk to
execute an agreement for engineering services with Robert
Bein, William Frost & Associates for the design of the
subject widening project.
DISCUSSION:
On December 20, 1976 the Council held a public hearing on the
Environmental Impact Report - Negative Declaration for the widening of
West Coast Highway (south side) from 57th Street to the Santa Ana River.
At the close of the hearing the Council accepted the negative declaration
and directed that it be filed in 45 days if no significant adverse comments
were received. No comments were received.
Also, at the same meeting the Council adopted a resolution re-
questing that the project be included in the 1977 -78 Orange County Arterial
Highway Financing Program (AHFP).
A proposal has been requested and received from Robert Bein,
William Frost and .Associates (RBF &A) for providing the engineering services
necessary for design and preparation of plans and specifications to widen
West Coast Highway. The engineering services agreement provides for RBF & A
to do the work described in their proposal and the City's proposal request
letter. Compensation will be based on standard hourly rates with a maximum
fee not to exceed $20,650.00 (rate schedule is attached) Funding for the
design and construction of the widening of West Coast Highway has been re-
quested in the proposed 1977 -8 fiscal year budget. Funds for this agreement
will come 50% from County AHFP and 50% from the currently budgeted Gas Tax
Project for "Prepare Environmental Impact Report and Preliminary Plans for
Street Construction Projects."
It is anticipated that a project can be advertised for bids in
January, 1978 with construction being completed bgfgre June, 1978. By
beginning design at this time, plans can be compli* this summer so that
a Coastal Permit application can be submltt#d before September 1st.
A budget amendment for the County's contribution for the design
has been prepared.
1 Q0_4_I
in
li rector
DN:hh
ROBERT REIN, WILLIAM FROST b ASSOCIATES
RATE SCHEDULE
Professional Consultation
Registered Engineer
Engineering, Design Calculations
and Supervision
Drafting
Technician
Field Survey Crew (3 Man)
$50.00 per hour
$35.00 per hour
$25.00 per hour
$21.00 per hour
$15.00 per hour
$75.00 per hour
Note: These hourly rates will be subject to a 10%
increase each ensuing August 1st, beginning
August 1; 1977, until completion of the project
due to contracts presently in force.
i
P.Y
RESOLUTION NO. 9080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH AND ROBERT BEIN, WILLIAM FROST
& ASSOCIATES FOR ENGINEERING SERVICES IN
CONNECTION WITH THE WIDENING OF WEST COAST
HIGHWAY FROM 57TH STREET TO THE SANTA ANA RIVER
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain agreement between the
City of Newport Beach and Robert Bein, William Frost &
Associates for engineering services in connection with the
widening of West Coast Highway from 57th Street to the Santa
Ana River; 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
I
y �) \
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
ATTEST:
City Clerk
day of May , 1977.
Mayor
DDO /bc
5/6/77
E
CITY OF NEWPORT BEACH
CALIFORNIA
DATE _N" 91. 1978
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. C- 1927-2
City Tian
3300 W. Newport Blvd.
Area Code 714
Description of Contract YaclfIG Coact gn Improvements /57th St. -Santa Aar• River
Authorized by Resolution No. ,2519 , adopted on 4 -24 -78
Effective date of Contract Mav 9. 1978
Contract with Oranp County
County of Ormw
Address 8em1ronmental Management AR-scv /Development
400 Civic Center Dr. pest
Santa Aga, Q 92702
Amount of Contract R. Coatrant
City Clerk
RIGHT OF NAY CERTIFICATION
The City of Newport Beach hereby certifies in connection with the
right of way for Projects 881 and 882 that :
1. All right of way is either publicly owned or a condemnation
action has been filed and an order of immediate possession
has been obtained.
2. The Davidson Realty office (the condemned property) remains
in the right of way and as a condition of the condemnation
action, will not be demolished until after September 15, 1978.
The project plans and specifications make provisions for this
requirement and the presence of the building will not.appre-
ciably affect the construction contract.
. 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 Certificate and its use of said.right of way.
CITY OF NEWPORT BEACH
M
AT
DATE: C A.i:.('
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
PLEASE RETURN TO
CITY CLERK •
CITY OF NEWPORT BEACH
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CALIF. 92663
PROJECT 11 882
Coast Highway between
the Santa Ana River
and 57th Street
WITNESSETH:
COUNTY OF ORANGE
ARTERIAL HIGHWAY FINANCING PROGRAM
PROJECT ADMINISTRATION AGREEMENT
Ll
MEMORANDUM OF AGREEMENT entered into
this !4771 day of n: LI
19 Zg by and betwee T
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-
eluding 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 1977-
78 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-
0
resolution adopted the formal procedure for the administration of the Arterial
Highway Financing Program, as revised, which procedure is outlined in a docu-
ment 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 Coast Highway
between the Santa Ana River and 57th Street, 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; and
WHEREAS, the City as Lead Agency, has completed the environmental assess-
ments as required by the California Environmental Quality Act of 1970 by approving
a Negative Declaration for the Project, a copy of which is on file with the
County; and
WHEREAS, the City has filed the Notice of Determination with the Clerk
of the Board of Supervisors of the County; and
WHEREAS, no additional environmental documents are required for compliance
with the California Environmental Quality Act.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
1. The procedures outlined in the Arterial Highway Financing Program (AHFP)
Procedure Manual herein referred to shall be made a part of this agreement.
2. The Contracting Authority for the Project is hereby designated as
the City.
the City
the City.
3. The Project Engineer for the Project is hereby designated as
4. The Construction Engineer for the Project is hereby designated as
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 -
6 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
10 DESIGN ENGINEERING: $ 18,000
CONSTRUCTION CONTRACT: 440,000
11 CONSTRUCTION ENGINEERING: 12,000
12 TOTAL: $ 470,000
13 (b) On the basis of the above estimate, this Project will be financed
as follows:
14
15 COUNTY FUNDS: $ 235,000
CITY FUNDS: 235,000
16
TOTAL: $ 470,000
17
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-
0 0
the basis of matching funds up to a maximum 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 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 July 1, 1975 shall not be considered
in the final accounting of this Project.
8. 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, 1979 + the City shall reimburse the County for any expend-
itures incurred by the C ounty in connection with said Project.
9. 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.
10. 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
-4-
1 to be done by City under or in connection with any work, authority or jurisdiction
2 delegated to City under this agreement. It is also understood and agreed that,
3 pursuant to Government Code Section 895.4, City shall fully indemnify, defend and
4 hold County harmless from any liability imposed for injury (as defined by Govern-
s ment Code Section 810.8), occurring by reason of anything done or omitted to be
6 done by City under or in connection with any work, authority or jurisdiction del-
1 egated to City under this agreement.
8 2. That neither City nor any officer or employee thereof shall be re-
9 sponsible for any damage or liability occurring by reason of anything done or omit -
10 ted to be done by County under or in connection with any work, authority or juris-
11 diction not delegated to City under this agreement. It is also understood and
12 agreed that, pursuant, to Government Code Section 895.4, County shall fully indem-
13 nify, defend and hold City harmless from any liability imposed for injury (as de-
14 fined by Government Code Section 810.8), occurring by reason of anything done or
15 omitted to be done by County under or in connection with any work, authority or
16 jurisdiction not delegated to City under this agreement.
17 3. That notwithstanding any other provisions of this contract, the
18 parties hereto recognize the existence of Proposition Number 13, the so- called
19 Jarvis Amendment, an initiative measure that will be on the ballot for the June 6,
20 1978, statewide primary election, which Proposition, if adopted by the voters, will
21 seriously and substantially reduce the funding of County activities. It is, there -
22 fore, agreed that if Proposition 13 is adopted County reserves the option to
23 immediately terminate this agreement by notice, deposited in the mail, to the
24 other party, in which event the County shall be liable only for completed work.
25 IN WITNESS WHEREOF, City has caused this agreement to be executed by its
26
27
28
-5-
it
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
11
0
Mayor and attested by its Clerk, and County has caused this agreement to be executed
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 Azae
Ma or
ATTEST:
a
erk of the Cou it
Dated: 1-5-- 9 , 19 /-///
ATTEST:
�t,t�.� a)'
U- JUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
u�7v /fig'
COUNTY OF GE, a political subdivision
of the/Gt of California .l
, Board
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
lsyaJkk���
1
II KES:rm341b(5) -6-
0 46
RESOLUTION NO. 9319
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 CONSTRUCTION OF IMPROVEMENTS
OF WEST COAST HIGHWAY (57TH STREET TO SANTA
ANA RIVER)
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 con-
struction of improvements of West Coast Highway (57th Street
to Santa Ana River); 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.
ATTEST:
City Clerk
ADOPTED this 24th day of April , 1978.
DDO /bc
4/19/78