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
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• 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
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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
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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.
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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-
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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
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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
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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
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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
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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.
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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
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COUNTY OF ORANGE., a political subdivision
15 of the State of California
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17 Dated: ��_L... 19 " By = n B and o Su er
Chai p sots
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20 ATTEST:
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- -- --- /iJUNE ALEiabE
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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
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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