HomeMy WebLinkAboutC-2119(D) - Arterial Highway financing program, Superior realignment project0
CITY OF NEWPORT BEACH
P.O. BOX 1768, NE \VPORT BEACH, CA 92663 -3884
OFFICE OF THE CITY CLERK
(714) 640 -2251
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: May 23, 1983
SUBJECT: Contract No. C -2119
Description of Contract Arterial Highway Financing Program
Project Administration Agreement (for widening and realignment
of Superior Avenue)
Effective date of Contract May 10, 1983
Authorized by Minute Action, approved on April 25, 1983
Contract with County of Orange
Address Environmental Management Agency
P.O. Box 4048
Santa Ana, CA 92702
Amount of Contract See Agreement
Wanda E. Andersen
City Clerk
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attach.
3300 Newport Boulevard, Newport Beach
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ENVIRONMENTAL MANAGEMENT AGENCY
TRANSPORTATION & FLOOD CONTROL PROGRAMS
Mr. B. B. Nolan
Director of Public Works
City of Newport Beach
Post Office Box 1768
Newport Beach, CA 92663 -3884
MURRAYSTORM
DIRECTOR
WILLIAM L. ZAUN
PROGRAM MANAGER
LOCATION'.
400 CIVIC CENTER DRIVE WEST
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
P.O. SOX 4048
SANTA ANA, CA 92702-4048
TELEPHONE:
(714) 8343467
FILE AHFP Nos. 1044
SUBJECT: AHFP Agreement Nos. 1044 and 1067, Superior Avenue
Dear Mr. Nolan:
Transmitted herewith is one (1) fully executed copy of the above
referenced AHFP Agreement between the City of Newport Beach and the
County of Orange.
Also attached is one (1) copy of Board of Supervisors Minute Order
authorizing County's execution of the agreement.
YI:mm
Attachments (2)
Very truly yours,
W. L. Zaun, Program Manager
n�
By
UpdegraaC iefC ief
Cooperativ Pr, ect
J
TO: CITY COUNCIL
FROM: Public Works Department
ril 25, 1983
CITY COUNCIL AGENDA
ITEM N0, j -
BY THE CITY COUNCIL
CITY Of NEWPORT BEACH
APR 2 51963
SUBJECT: SUPERIOR AVENUE REALIGNMENT AT COAST HIGHWAY (C -2119)
?J o7
RECOMMENDATIONS:
1. Authorize the Mayor and the City Clerk to execute an Arterial
Highway Financing Program project administration agreement
for the realignment of Superior Avenue.
2. Authorize the Mayor and the City Clerk to execute a right -of-
way certification for the Superior Avenue realignment project.
DISCUSSION:
On December 10, 1979 and on December 8, 1980, the City Council adopted
resolutions (Resolutions Nos. 9691 and 9939 respectively) requesting the County
of Orange to include a project for the realignment and widening of Superior
Avenue at West Coast Highway in the 1980/81 and 1981/82 Arterial Highway Finan-
cing Program (AHFP).
On March 28,.1983, the City Council approved an agreement with Caltrans
which provides that the City and its contractors may enter on the " Caltrans West"
parcel for the purpose of constructing the Superior Avenue realignment project.
(See attached memo to the Mayor dated March 28, 1983.)
The AHFP project administration agreement for the realignment of
Superior Avenue provides for County participation in the construction of the
street improvements as follows:
County AHFP Funds
City & Local Funds
$ 443,200
Gas Tax Fund 612,000
General Fund (Street & Alley) 70,000
Water Fund 30,000
Costa Mesa Sanitary District Funds 68,000
Hughes Aircraft Corporation Funds 300,000
Total $1,523,200
Before the County will authorize the City to advertise for bids, the
City must certify that a "right of entry" 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 scheduled to be advertised for bids on May 9, 1983,
w' h award of contract on June 13, and completion of work by December.
Benjamin B. Nolan
Public Works Director
JW: j d
Att.
v
March 28, 1983
TO: MAYOR HART
FROM: Public Works Director
SUBJECT: ENTRY AGREEMENT FROM CALTRANS FOR SUPERIOR AVENUE PROJECT
The Public Works Department has just received the Agreement from
CalTrans allowing the City to enter onto the CalTrans West property to con-
struct the Superior Avenue realignment project.
The principal features of the entry agreement are as follows:
1. State agrees that City and its contractors may enter upon the
site to construct realigned Superior Avenue.
2. State agrees, subject to approval of the California Transporta-
tion Commission and subject to the rezoning of CalTrans West
from OS to MR becoming effective, to convey easements for re-
aligned Superior Avenue.
3. City agrees to maintain appropriate insurance pursuant to a
"hold harmless" section in the agreement.
4. City agrees to abandon the existing Superior Avenue easement.
5. City agrees to negotiate just compensation for the property
in the event the change of zoning does not become effective.
In order to expedite the removal of excess material from the site
(see Agenda Item F- 3(b)), it would be desirable to complete City action ap-
proving the agreement at tonight's meeting.
RECOMMENDATION:
Agenda Item F -3(b) provides authorization for the City Manager to
negotiate an agreement for excavation and disposal of surplus material from
the Superior Avenue project. In conjunction with this item, it is recommended
that the City Manager also be authorized to execute the CalTrans entry agree-
ment. I will pull the item from the Consent Calendar tonight.
J%1
Benjamin B. Nolan
Public Works Director
BBN:jd
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MINUTES OF THE BOARD OF SUPERVISOPS
OF ORANGE COUNTY, CALIFORNIA
May 10, 198->
IN RE: AHFP ADMINISTRATION AGREEI4ENTS SUPERaf)R. AVENUL:
CITY OF NEWPORT BEACH
On motion of Supervisor Wieder, duly seconded and unanimously
carried by Board members present, the Clerk of the. board, oa behalf of
the Board of Supervisors, is authorized to execute i.-.he AHFP Project:
Administration Agreement, dated May 10, 1983, beta,,,el:�n the County of
Orange and the City of Newport Beach for the widening and realignment
of Superior Avenue, Project #1044 and #1067.
IN RE: BUDGET TRANSFERS
On motion of Supervisor Wieder, duly seconded and unanimously
carried by Board members present, Budget Transfers Nos. 83 -20, 83 -21,
83 -22 and 83 -23 are granted and so ordered on the following roll call:
AYES: SUPERVISORS HARRIETT M. WIEDER, THOMAS F. RILL:Y, BRUCE
NESTNADE AND ROGER R. STANTON
NOES: SUPERVISORS NONE
ABSENT: SUPERVISORS RALPH B. CLARK
IN RE: GIFT LA HABRA BRANCH LIBRARY LA HABRA ROTARY CLUB
TELEVISION MONITOR GSA /LIBRARY SERVICES DIVISION
On motion of Supervisor Wieder, duly seconded and unanimously
carried by Board members present, the gift of a television monitor from
the La Habra Rotary Club is accepted and (:he Auditor - Controller is autho-
rized to add this item to the Orange County Public Library £,i_};��`�� €�et
inventorv.
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COUNTY OF ORANGE
1 I ARTERIAL HIGHWAY FINANCING PROGRA_vi
PROJECT ADMINISTRATION AGREEMENT
2+
PROJECT #1044 and *1067 MEMORANDUM OF AGREEMENT entered into this
3' Superior Avenue between n ' " day of
Coast Highway and 1,200 feet 19_�Ly by and between: V
4 north of Coast Highway.
CITY OF NEWPORT BEACH, a municipal
5 corporation, hereinafter referred to as CITY,
and
6
COUNTY OF ORANGE, a political subdivision of
the State of California, hereinafter referred
8 to as COUNTY.
WITNESSETH:
9
10 FIHEREAS, the Orange County Board of Supervisors by Resolution of
11 May 31, 1956 adopted the Master Plan of Arterial Highways to serve the entire COUNTY
12 including the incorporated cities thereof; and
13 WHEREAS, Articles 2 and 3 of Chapter 9, Division 2, commencing with
Section 16£30 of the Streets and Highways Code authorize a county, if it so desires,
14 to expend funds apportioned to it out of the California Highway Users Tax Funds for
15�
16 aid to cities and in the improvement, construction, or repair of streets within a
city; and
17 I WHEREAS, the Orange County Board of Supervisors and the Orange County
18
19 Division of the League of California Cities have agreed upon a cooperative financial
program for the establishment, construction, and maintenance of a County -wide
20 Arterial Highway System known as the Arterial Highway Financing Program; and
21 ,
221 4THEREAS, the Orange Canty Board of Supervisors has, by appropriate
p -9 in u-get or th�
21 1 24 for the improvement of streets within the incorporated cities of COUNTY, which
25 streets are a part of COUNTY's Paster Plan of Arterial Highways; and
26 WHEREAS, Orange County P;oard of Supervisors on November 5, 1953 lyre by
27
fornal resolution adopted the formal procedure for the administration of the
II
28 ! Arterial Highway Financing Program, as revised, which procedure is outlined in a
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I document on file with the County Clerk, formally known as the County of Orange
2 Arterial Highway Financing Program Procedure Manual; and
3 WHEREAS, it is nutually agreed between the parties that Superior Avenue
4 between Coast Highway and 1,200 feet north of Coast Highway, a street included in
5 the Orange County Master Plan of Arterial a s Highways, is
treet of 9 eneral COUNTY
6 interest and should be improved in accordance with the policies of the Arterial
7 highway Financing Program, as contained in this AHFP Procedure Manual. Said work of
8 such improvement shall be referred to hereinafter as PROJECT; and
9 WHEREAS, CITY, as Lead Agency, has completed the environmental assessments
10 as required by the California Environmental Quality Act of 1970 by approving a
11 Negative Declaration for PROJECT, a copy of which is on file with COUNTY; and
12 WHEREAS, CITY has filed the Notice of Determination with the County Clerk;
13 and
14 WHEREAS, no additional environmental documents are required for compliance
15 with the California Environmental Quality Act; and
16 WHEREAS, CITY has reviewed PROJECT for conformance with the requirements
17 of Section 65402 of the California Government Code and applicable local ordinances
18 and CITY has acted as required.
19 NOW, THEREFOAL, IT IS AGREED by the parties hereto as follows:
20 1. The Arterial Highway Financing Program (AHFP) Procedure Manual herein
21 referred to shall be and is hereby ma<9e a part of this agreement.
22 2. The Contracting Authority for PR0,7kCT in hereby 0.. �si.gna`ed , -I, CITY.
2ai! 3. The Project F,ngineer for PROJECT is hereby designated as CITY.
24 4. The Construction Engineer for PROJECT is hereby designated as CITY.
20 5. All soils engineering and material and construction .testing necessary
26 1J' for PROJECT shall be performed by COU=NTY. This shall include preliminary soils
27 Ii investigations, structure foundation investigations, recommendations for structural
28 sections and compaction requirements, and quality control of materials and
4 _2_
I construction.
2 6. The work shall be subject at all times to inspection by the authorized
3 representatives of both parties.
4 7. Funds to be used for PROJECT:
5 a. The estimated cost of PROJECT covered by this agreement is:
6 DESIGN ENGINEERING: $ 120,000
CONSTRUCTION CONTRACT: 1,275,000
7 CONSTRUCTION ENGINEERING: 105,000
8 TOTAL:
$ 1,500,000
9 b. On the basis of the above estimate, PROJECT will be financed as
10 follows:
11 COUNTY FUNDS: $ 443,400
CITY FUNDS: 443,400
12 *CITY AND OTHER FUNDS: 613,200
13 TOTAL: $ 1,500,000
14 *Utility company, Developer and CITY items not eligible for AHFP participation.
15 e. If upon completion of detailed design, it appears that PROJECT's
16 estimate will exceed the original allocation, the Contracting Authority shall follow
17 the procedures set forth in the AHFP Procedure Manual for Adjustment of Allocation.
18 d. Except as noted in (e) below, final adjustments of PROJECT's costs
19 will be made on the basis of COUNTY fifty r
percent (,0?), CITY fifty percent (SC - -,„
,,
20 on eligible items in the Contract up to the maximum COUNTY A11FP allocation.
21 e. COUNTY participation in longitudinal storm drain costs shall not
22, Exceed a maxi.mam of twn nt „ -f.ive ::err,Pnt (25'.) of r� tote' ^mss* n el +qibla nt.arm
23 drain construction.
24 f. It is the intent of the parties hereto to comply with all
25 applicable rules regarding the expenditure of State Gas Tax Funds. Eligibility of
26 I any storm drain item will be subject to final audit and determination by the State
21 Controller's Office. Any future adjustment required by said Controller's Office
28 shall be made by CITY with CITY funds, including complete refunds to COUAiTY of any
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1 COUNTY gas tax funds declared by the Controller to have been expended on ineligible
2 construction.
3 g. Any funds spent prior to July 1, 1978 shall not be considered in
4 the final accounting of PROJECT.
5 8. This agreement shall become null and void in the event CITY fails, for
6 any reason, to advertise and award the contract for PROJECT prior to June 30, 1983
7 and CITY shall reimburse COUNTY for any expenditures incurred by County in
8 connection with PROJECT.
9 9. This agreement shall become null and void in the event that CITY, for
10 any reason, advertises PROJECT for bids prior to the granting of authorization to
11 advertise by COUNTY in accordance with the procedures set forth in the Arterial
12 Highway Financing Program Procedure Manual.
13 10. Upon acceptance of the completed AHFP PROJECT by the awarding
14 authority or upon the contractor being relieved of the responsibility for
15 maintaining and protecting certain portions of the work, CITY shall maintain PROJECT
16 or such portions of the work in a manner satisfactory to COUNTY. If, within ninety
17 (90) days after receipt of notice from COUNTY that PROJECT or any portion thereof is
18 not being properly maintained, CITY has not remedied the conditions complained of to
19 COUNTY's satisfaction, COUNTY may withhold the programming or approval of further
20 AIIFP projects of CITY until PROJECT shall have been put in a condition of
21 maintenance satisfactory to COUNTY. The maintenance referred to herein shall
22 ii inclu,7e not onlvv the -)r,servs -t on of the .7erer.ai n.
hvsical faature of the roadw.>.y,
23 roadside, and surfacing, but also safety and regulatory features, devices and
24 appurtenances built into PROJECT.
25 11. County -wide extension of Arterial System:
i
26 , To promote uniformity of County Arterial Highway System with City
L7 I Master Plan of Major. Streets, both parties agree to continue the promulgation of the
28 I AHFP as outlined in the aforementioned Procedure Manual.
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I IT IS MUTUALLY UNDERSTOOD AND AGREED:
2 1. Pursuant to and in accordance with Section 10532 of the California
3 Government Code, in the event that this Contract involves expenditures of State
4 funds aggregating in excess of ten thousand dollars ($10,000), the parties shall be
5 subject to the examination and audit of the Auditor. General of the State of
6 California for a period of three (3) years after final payment under this Contract.
7 2. That neither COUNTY nor any officer or employee thereof shall be
8 responsible for any damage or liability occurring by reason of anything done or
9 omitted to be done by CITY under or in connection with any work, authority or
10 jurisdiction delegated to CITY under this agreement. It is also understood and
11 agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify,
12 defend and hold COUNTY harmless from any liability imposed for injury (as defined by
13 Government Code Section 810.8), occurring by reason of anything done or omitted to
14 be done by CITY under or in connection with any work, authority or jurisdiction
15 delegated to CITY under this agreement.
16 3. That neither CITY nor any officer or employee thereof shall be
17 responsible for any damage or liability occurring by reason of anything done or
18 omitted to be done by COUNTY under or in connection with any work, authority or
19 jurisdiction not delegated to CITY under this agreement. It is also understood and
20 1 agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully
21 indemnify, defend and hold CITY haanless from any liability imposed for injury (as
22 ' ds:fined by Government C::,de 5 =ctinn .8) , cccurr,i ^q 1;, r ,;:.s r. of ; w i.nq ...;ne or
23 I omitted to be done by COUNTY under or in connection with any work, authority or
24 jurisdiction not delegated to CITY under this agreement.
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IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its
Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed
by the Chairmen of its Board of Supervisors and attested by its Clerk on the dates
written opposite their signatures, all thereunto duly authorized by the City Council
and the Board of Supervisors, respectively.
Dated:
ATTEST:
City Clerk
Dated: �' 19 �>
— —
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT F-AS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
JUNE ALEX. NDER
cierk of the Board of Supervisors
of Orange County, California
YI:gvDT08 -5
4/7/83
CITY OF NEWPORT BEACH, a municipal
corporation
By ZZ -z
1/ 'Mayor
APPROVED AS TO FORM
By
!(�
^ City Attorney
COUNTY OF ORANGE, a political subdivision
of t tate of California
By
Chairman, Board of Supervisors
APPROVED PS TO FORM
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
Q.
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Deputy
Date