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HomeMy WebLinkAboutC-1990(B) - Arterial Highway Financing Program Project Administration Agreement (Coast Highway between Jamboree Road and Avocado Avenue)rPOR CITY OF NEWPORT BEACH CALIFORNIA City (fall 3300 W. Newport III,& Area Code 714 DATE May 29, 1979 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1990 Description of Contract Street improvemens on Coast Hwy between Jamboree and Avocado Authorized by Resolution No. 9545, 9546 , adopted on April 23, 1979 Effective date of Contract May 8, 1979 Contract with County of Orange Address Amount of Contract See contract City Clerk 1� 2 3 4 5 6 7 8 91 10 11 121 13' 14 15! 16 17 18 io la/ 20 21 22 23 24 25 26 27 28 • PLEASE GfTURN TO TY CLERK TY OF NEWPORT BEACH i 3300 NEV.PORT BOULEVARD NEWPORT BEACH, CALIF. 92662 COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATIO't AGREEMENT PROJECT i 944 MEMOR•.` ;DUM OF AGREEMENT entered into this y =.._ /� day of� Coast Highway between 19 by and between: Jamboree Road and j Avocado Avenue CITY CF NEWPORT BEACH, a municipal corporation, hereinafter referred to as the. City, and COUNT,' OF ORANGE, a political subdivision of the State of California, hereinafter refereed to as the County. WITNESSETH: WHEREAS, the Board of Supervisors Resolution of May 31, 1956 adopted the Master Plan of Arterial Highways to ser': t1-,e entire County including the incorporated cities thereof; and WHEREAS, Articles 2 and 3 of Chaptc— 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, provided in the budget of the Special Road Improvement Fund for the Fiscal Year 1978 -79 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 resolution adopted the formal procedure for the administration of the Arterial -1- I Highway Financing Program. as revised, which procedure is outlined in a document 2 on file with the County Clerk, formally known as the County of Orange Arterial 3 Highway Financing Program Procedure Manual; and 4 WHEREAS, it is mutually agreed between the parties that Coast Highway i 5 between Jamboree Road and Avocado Avenue, a street included in the Orange 6 County Master Plan of Arterial highways, is a street of general County 7 interest and should be improved in accordance with the policies of the 8 i Arterial Highway Financing Program. Said work of such improvement shall 9 be referred to hereinafter as the Project; and 10 WHEREAS, the City as Lead Agency, has completed the environmental assess - 11 ments as required by the California Environmental. Quality Act of 1970 by approving 12 a Categorical Exemption for the Project, a copy ^f :a!;:.a�; on file with the 13 County; and 14 WHEREAS, the City has filed, the Notice of Determination 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. -2- 5. All soils engineering and material and construction testing neces- sary for the Project shall be performed by the County. This sha]E include pre- - limi.nary soils investigations, structure foundation inves` gat.i.ons, recommenda- tions for structural sections and compaction requirements, and quality control of materials and ronst ruction. 6. The work shall be subject .7)t all times to inspection by the author- 4 Zed representatives of both parties. 7. Funds to be used for the Project: (a) The estimated cost of the Project covered by this agreement is: DF.5ICN ENCIN�CFF ING: $ 15,000 CONSTRUCTION CONTRACT: 1',30,000 CONSTRUCTION 'ENGINEERING: 10,000 TOTAL: $1751000 (b) On the basis of the above estimate, this Project will be financed as follows: COUNTY FUNDS: $ 87,500 CITY FUNDS: 87,500 TOTAL: $175,000 (c) If upon completion of detailed design, it appears that the Project estimate will exceed the original allocation by more than 157, 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 AUFP Procedure Manual. (d) Final adjustments of Project costs will be made on the basis of the County fifty percent (50%), the City fifty percent (50 %) on eligible items in the Contract. (e) Final adjustments of project storm drain costs will be made -3- 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 • • !I on the basis of matching funds up to a maxi.inum of fifty percent (50 %) of the total cost of eligible items; that is, Countv participation shall not e>.ceed a maximum i of twenty -five percent (25%) of the total cost of :=.ligi le storm drai:; construction. {f) It is the intent cf ?:he parties hereto to comply with aLl. , applicable 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, 3includi.ng complete refunds to the County of any County gas tax funds declared by tl�e Controller 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. 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, 1980 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, Ifor 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 AHFP Project by the awarding author- ity or upon the contractor being relieved of the responsibility for maintaining land 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 thereof is not being properly maintained, City has not remedied 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 have been put -4- 1 in a condition of maintenance satisfactory to County. The ::iai.ntenance referred 2 to herein shall include not only the preservation of the pcnernl Physical 3 feature of the roadway, roadside, and e:-facing, bat also safety and regulator.• 4 features, devices and :appurtenances built into the Protect. 5i 11. County -wide extension o± Arterial. System: 6I To promote uniformity of County Arterial Highway System with City 7 Master Plan of Major Streets, both parties agree to continue the promulgation 8 i of the AHFP as outlined in the aforer..eotioned Procedure. Manual. 9 IT IS MUTUALLY UNDEPSTOOD AND AGriFED: 10 1. That neither County nor any officer, or employee thereof shall be re- 11 sponsihle for any damage or liability occurring by .reason, of anything done or omitted I 112 I1 to be done by City under or in connection with any work, :!uthor.iCy or jurisdiction 13 �I delegated to City under this agreement. It is ais: understood and agreed that, 14 pursuant to Government Code Section 395.4, City shall fully indemnify, defend and 15 hold County harmless from any liability imposed for injury (as defined by Govern- 16 ment Code Section 810.8), occurring by reason of anything done or omitted to be 17 done by City under or in connection with an work authority or Y y jurisdiction de1.- 18 egated to City under this agreement. 19 2. That neither City nor any officer or employee thereof shall be re- 20 sponsible for any damage or liability occurring by reason of anything done or omit - 21 ted to be done by County under or in connection with any work, authority or juris- 22 diction not delegated to City under this agreement. It is also understood and 23 agreed that, pursuant, to Government Code Section 895.4, County shall fully indem- 24 nify, defend and hold City harmless from any liability imposed for injury (as de- 25 fined by Government Code Section 810.8), occurring by reason of anything done or 26 omitted to be done by County tinder or in connection with any work, authority or 27 jurisdiction not delegated to City under this agreement. 28 -5- I 1 2: 31 41 5 II 6 II 7II r 8I 9' I 101 11 121 IM WITNESS WPEREOF, City has caused this agreement to be executed by its Mayor and attested by its Clerk, and County has caused this agreement to ho rxecutQ by the Chairman of its Board of Supervisors and attested by its Clerk on the dmW 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• °? �- - - -' !9 �-I- -- Ry ATTEST: _ V�__ of he Council APPRUYED AS TO FORM Dated h CIMATTCP.' I 14� COUNTY OF ORANGE., a political subdivision 15 of the State of California 16 v 17 Dated: ��_L... 19 " By = n B and o Su er Chai p sots 18 19 20 ATTEST: 21 \i 22 - -- --- /iJUNE ALEiabE 24 23 Clerk of the Board of Supervisors of Orange County, California 25 APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL 26 0 GE OUNTYp, CAtLIFORgNIA 28 F----D, � puty jKES:jmbA106(5) -6- Date 0 RESOLUTION NO. 9.5 -4 5 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 STREET IMPROVEMENTS ON THE SOUTHERLY SIDE OF EAST COAST HIGHWAY BE'T'WEEN JAMBOREE ROAD AND AVOCADO AVENUE 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 street improvements on the southerly side of East Coast Highway between Jamboree Road and Avocado Avenue; 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 ATTEST: City Clerk day of April , 1979. Mayor DDO /kb 9/18/79 9 0 RIGHT -OF -WAY CERTIFICATION 0 The City of Newport Beach hereby certifies in connection with the right -of -way for street improvements southerly side of East Coast Highway between Jamboree Road and Avocado Avenue, AHFP Project Number 944, 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 agr es 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: i ty C k 6�2z 2 Date / CITY OF NEWPORT BEACH Mayor \J RESOLUTION NO. J 7 4 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A RIGHT -OF -WAY CERTIFICATION FOR STREET IMPROVEMENTS ON THE SOUTHERLY SIDE OF EAST COAST HIGHWAY BETWEEN JAMBOREE ROAD AND AVOCADO AVENUE WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Right -of -Way Certification for street improvements on the southerly side of East Coast Highway between Jamboree Road and Avocado Avenue; 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 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 street improvements on the southerly side of East Coast Highway between Jamboree Road and Avocado Avenue 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 yor ATTEST: it 1979. City Clerk DDO /kb 4/18/79