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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 1 2 4 5 6 7 8 9! 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 271 28. S i ll-i -iLi 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 -1- 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 -2- 0 0 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 -3- • • 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. -4- • 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. -5- 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: 12 13 14 City Clerk City Att6rney 15 16 COUNTY OF ORANGE, a political subdivision 17 of the State of Cal }fornia 18 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 23 24 25 Ln11A b„ R w Deputy Clerk' of the Board q rvisors of Ou2 ge, Cou4tYQ s lfornia S- -Z C 26 A c )v TmY GG`r6 G/ L` Date 27 C'60p9GRn� ^.O{ 28 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. f F -u 3 3 �Ai M ral MIN z i • Q W O m T ai, X 2 ly- 2 U z °z a� W mw w > O W Iii i ir ma a° -�' OW aym 0. � F �Y O"=a 1i Wm 0WW I Z3 °C yo LLU W.- O- W 3 m W O � Q f�. L O in U a c O W Q h u V Q W � O ev a FORD ROd • Q W O m T ai, X 2 ly- 2 U z °z a� W mw w > O W Iii i ir ma a° -�' OW aym 0. � F �Y O"=a 1i Wm 0WW I Z3 °C yo LLU W.- O- W 3 m W O � Q f�. L O in U a c O W Q h u V Q 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