HomeMy WebLinkAboutC-2357(A) - Arterial Highway Financing Program (Jamboree Road from Eastbluff South to Eastbluff North)T0: FINANCE DIRECTOR
FROM: CITY CLERK
DATE:
d
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
X714' 640 -2251
SUBJECT: Contract No. C -2357 A
Description of Contract Arterial Highway Financing Program for
Jamboree Road from Eastbluff Drive South to Eastbluff Drive
Effective date of Contract
Authorized by Minute Action, approved on May 14, 1984
Contract with County of Orange
Address
Amount of Contract See Agreement
Wanda E. Andersen
City Clerk
P MIR
attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
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COUNTY OF ORANGE
ARTERIAL HIGHWAY FINANCING PROGRAM
PROJECT ADMINISTRATION AGREEMENT
PROJECT #1089 MEMORAN UM OF AGRE 7T entered into this
,r
JAMBOREE ROAD _ day of
from Eastbluff Drive South 19 3 by and betwe
to Eastbluff Drive North
CITY OF NEWPORT BEACH, a municipal
corporation, hereinafter referred to as CITY,
and
COUNTY OF ORANGE, a political subdivision of
the State of California, hereinafter referred
to as COUNTY.
WITNESSETH:
WHEREAS, the Orange County 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 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 -wide
Arterial Highway System known as the Arterial Highway Financing Program; and
WHEREAS, the Orange County Board of Supervisors has, by appropriate
action, provided in the Road Budget for the Fiscal Year 1982 -83 funds for the
improvement of streets within the incorporated cities of COUNTY, which streets are a
part of COUNTY's Master Plan of Arterial Highways; and
WHEREAS, Orange County Board of Supervisors on November 5, 1958 has by
formal resolution adopted the formal procedure for the administration of the
Arterial Highway Financing Program, as revised, which procedure is outlined in a
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iAHFP 1089
document 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 Jamboree Road from
Eastbluff Drive South to Eastbluff Drive North, 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, as contained in this AHFP Procedure Manual. Said work of such improvement
shall be referred to hereinafter as PROJECT; and
WHEREAS, CITY, as Lead Agency, has completed the environmental assessments
as required by the California Environmental Quality Act of 1970 by approving a
Negative Declaration for PROJECT, a copy of which is on file with COUNTY; and
WHEREAS, CITY has filed the Notice of Determination with the County Clerk;
and
WHEREAS, no additional environmental documents are required for compliance
with the California Environmental Quality Act; and
WHEREAS, CITY has reviewed PROJECT for conformance with the requirements
of Section 65402 of the California Government Code and applicable local ordinances
and CITY has acted as required.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
1. The Arterial Highway Financing Program (AHFP) Procedure Manual herein
referred to shall be and is hereby made a part of this agreement.
2. The Contracting Authority for PROTECT is hereby designated as CITY.
3. The Project Engineer for PROTECT is hereby designated as CITY.
4. The Construction Engineer for PROJECT is hereby designated as CITY.
5. All soils engineering and material and construction testing necessary
for PROJECT shall be performed by COUNTY. This shall include preliminary soils
investigations, structure foundation investigations, recommendations for structural
sections and compaction requirements, and quality control of materials and
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construction.
AHFP 1089
6. The work shall be subject at all times to inspection by the authorized
representatives of both parties.
follows:
7. Funds to be used for PROJECT:
a. The estimated cost of PROJECT covered by this agreement is:
DESIGN ENGINEERING: $ 100,000
CONSTRUCTION CONTRACT: $ 771,200
CONSTRUCTION ENGINEERING: $ 55,000
TOTAL: $ 926,200
b. On the basis of the above estimate, PROJECT will be financed as
COUNTY FUNDS: $ 345,000
CITY FUNDS: $ 345,000
*CITY FUNDS: $ 236,200
TOTAL: $ 926,200
*Items not eligible for AHFP participation.
c. If upon completion of detailed design, it appears that PROJECT's
estimate will exceed the original allocation, the Contracting Authority shall follow
the procedures set forth in the AHFP Procedure Manual for Adjustment of Allocation.
d. Except as noted in (e) below, final adjustments of PROJECT's costs
will be made on the basis of COUNTY fifty percent (508), CITY fifty percent (508),
on eligible items in the Contract up to the maximum COUNTY AHFP allocation.
e. COUNTY participation in longitudinal storm drain costs shall not
exceed a maximum of twenty -five percent (258) of the total cost of eligible storm
drain construction.
f. It is the intent of the 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 CITY with CITY funds, including complete refunds to COUNTY of any
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• • AHFP 1089
COUNTY gas tax funds declared by the Controller to have been expended on ineligible
construction.
g. Any funds spent prior to July 1, 1980 shall not be considered in
the final accounting of PROJECT.
8. This agreement shall become null and void in the event CITY fails, for
any reason, to advertise and award the contract for PROJECT prior to June 30, 1984
and CITY shall reimburse COUNTY for any expenditures incurred by County in
connection with PROJECT.
9. This agreement shall become null and void in the event that CITY, for
any reason, advertises PROTECT 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
authority or upon the contractor being relieved of the responsibility for
maintaining and protecting certain portions of the work, CITY shall maintain PROJECT
or such portions of the work in a manner satisfactory to COUNTY. If, within ninety
(90) days after receipt of notice from COUNTY that 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 PROJECT shall have been put in a condition of
maintenance satisfactory to COUNTY. The maintenance referred to herein shall
include not only the preservation of the general physical feature of the roadway,
roadside, and surfacing, but also safety and regulatory features, devices and
appurtenances built into PROJECT.
11. 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.
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IT IS MUTUALLY UNDERSTOOD AND AGREED;
0 AAFP 1089
1. Pursuant to and in accordance with Section 10532 of the California
Government Code, in the event that this Contract involves expenditures of State
funds aggregating in excess of ten thousand dollars ($10,000), the parties shall be
subject to the examination and audit of the Auditor General of the State of
California for a period of three (3) years after final payment under this Contract.
2. That neither COUNTY nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by CITY under or in connection with any work, authority or
jurisdiction delegated 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 or jurisdiction
delegated to CITY under this agreement.
3. That neither CITY nor any officer or employee thereof shall be
responsible 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 CITY 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 COUNTY under or in connection with any work, authority or
jurisdiction not delegated to CITY under this agreement.
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iI • AHFP 1089
1 IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its
2 Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed
3 by the Chairman of its Board of Supervisors and attested by its Clerk on the dates
4 written opposite their signatures, all thereunto duly authorized by the City Council
5 and the Board of Supervisors, respectively.
6 CITY OF NEWPORT BEACH, a municipal
7 corporation
8 Dated: 19�y By
9 II 'Mayor
10 11
11 ATTEST: APPROVED AS TO FORM:
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14 City Clerk City Att6rney
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16 COUNTY OF ORANGE, a political subdivision
17 of the State of Cal }fornia
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Dated: "h-e- , 191 By
20 Chairman, Board of Supervisors
rr�r�rra7ar���••
21 SIGNED ERTZ A COPY OF APPROVED AS TO FORM
22 THIS IVERED TO ADRIAN KUYPER, COUNTY COUNSEL
COUNTY
THE Cam;. a ORANGE , CALIFORNIA
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25 Ln11A b„ R w Deputy
Clerk' of the Board q rvisors
of Ou2 ge, Cou4tYQ s lfornia S- -Z C
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A c
)v TmY GG`r6 G/
L` Date
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i4�sgDT26 -15 -6-
5/22/84
BY THE CITY COUNCIL May 14, 1984
CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
MAY 14 1984 ITEM NO.
TO: CITY COUNCIL
FROM: Public Works Department
eiF'T@!P`.. .Yf 9Yl e.:'. -.m T� N. f`SA - .t..`R�'Wi ^_
SUBJECT: AMBOREE ROAD.ROAD WLDENING:AND SOUNQ„WALL.,.WESTERLY SIDE, FORD ROAD
O:EASTBLUF.F ORIYE NORTH CC -2357) _'
RECOMMENDATIONS:
1.
2. Authorize the Mayor and the City Clerk to execute a right -of -way
certification for the Jamboree Road widening project.
3. Approve the plans and specifications.
4. Authorize the City Clerk to advertise for bids to be opened
at 2:30 P.M. on Thursday, June 14, 1984.
DISCUSSION:
On December 14, 1981, the City Council adopted Resolution No. 11097
requesting the County of Orange to include a project for widening the west side
of Jamboree Road between Eastbluff Drive North and Eastbluff Drive South in
the Arterial Highway Financing Program (AHFP).
On January 11, 1982, the City Council accepted the environmental im-
pact report- negative declaration for the project with the following mitigation
measure, "The City of Newport Beach will offer to provide a noise barrier which
will mitigate noise levels at.primary outdoor living spaces to 65 db CNEL or
lower."
The proposed project provides more efficient traffic flow by widening
the westerly side of Jamboree Road in conjunction with recently completed im-
provements to the easterly side of the roadway. The widened roadway will pro-
vide three travel lanes in each direction, raised median, separate left -turn
lanes, sidewalk, street lighting, drainage systems, noise wail, and signal modi-
fications. See attached sketch for location and limits of the work.
Shoulder pavement and an asphalt curb presently exist along the west
side of Jamboree Road within the project limits. The new curb and gutter
will be constructed at the same location as the existing asphalt curb, and the
shoulder pavement will be removed in order to construct the new street struc-
tural section: All of the new roadway improvements will be constructed within
existing right -of -way.
1
so
MICE
May 14, 1984
Subject: Jamboree Road Road Widening and Sound Wall, Westerly Side, Ford Road
to Eastbluff Drive North.(C -2357)
Page 2
The AHFP project administration agreement provides for County parti-
cipation in the project, engineering and construction as follows:
County AHFP Funds $ 345,000
City Funds
Gas Tax 100,000
Jamboree Road Noise Wall 198,000
Circulation & Transportation 422,000
Total Project $1,065,000
Before the County will authorize the City to advertise for bids,
the City must certify that:the street improvements are within existing right -
of -way, and must hold the County harmless from any liability which may arise
from the County's reliance on the certification.
The plans and specifications have been prepared by Robert Bein,
William Frost and Associates. Project scheduling calls for completion of
the work by October 1984.
The Engineer's estimate for construction of the project is $750,000.
A detailed account of the project funding will be presented for the Council
when award of contract is to be considered.
Benjamin B. Nolan
Public Works Director
JW:jd
Att.
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Exhibit 11
RIGHT OF WAY CERTIFICATION
The City of Newport Beach hereby certifies in connection with the right
of way for AHFP Project No. 1088, Jamboree Road (west side), Eastbluff Drive
North to Eastbluff Drive South that:
1. All street work is within existing right of way and no
additional right of way is necessary.
2. No building improvement exists within the right of way
area; however, Edison, Pacific Telephone and Southern
California Gas Co. facilities do exist within the right
of way area and arrangements have been made to coordi-
nate adjustments of their facilities to grade with the
construction project.
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 rights of way.
Date:
CITY OF NEWPORT BEACH
By J..
City Official
Title
Attest
City Clerk