HomeMy WebLinkAboutC-2568(B) - Balboa Boulevard Widening From 32nd Street to 44th Street0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
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(Je-1-1 C - X33)
DATE: November 6, 1986
SUBJECT: Contract No. C- 2568(B)
Description of Contract Arterial Highway Financing Program Project
Administration Agreement for Balboa Boulevard from 32nd Street to
44th Street
Effective date of Contract October 14, 1986
Authorized by Minute Action, approved on September 22, 1986
Contract with County of Orange
Address
Amount of Contract (See Agreement)
6e 4e
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
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FROM
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BY THE CITY COUNCIL
CITY OF NEWPORT REACH
SEP 22 1986
CITY COUNCIL APPROVED
Public Works Department
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c - 256�(16)
September 22, 1986
CITY COUNCIL AGENDA
ITEM N0 <_cc
SUBJECT: BALBOA BOULEVARD FROM 32ND STREET TO 44TH STREET (C -2568)
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute an Arterial Highway
Financing Program project administration agreement for the purpose of
Widening Balboa Boulevard.
DISCUSSION:
On December 9, 1985, the City Council adopted Resolution No. 85 -100
• requesting the County of Orange to allocate funds to widen Balboa Boulevard from
32nd Street to 44th Street.
The proposed widening project also provides for the complete recon-
struction of the 38th Street Park, the construction of a 12 -inch water main, and
the replacement of old concrete sewer lines crossing Balboa Boulevard.
The Arterial Highway Financing Program project administration agree-
ment provides for County participation in the project's engineering and
construction cost as follows:
County AHFP Funds
City Gas Tax Funds
City Non -Gas Tax Funds
$ 500,000
$ 500,000
$ 474,000
Total $1,474,000
Sufficient funds to cover the City's obligation are budgeted in the
current fiscal year.
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1�// Ciir� , ( k_e
• Benjamin B. Nolan
Public Works Director
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C - 25iff (13)
COUNTY OF ORANGE
ARTERIAL HIGHWAY FINANCING PROGRAM
PROJECT ADMINISTRATION AGREEMENT
PROJECT $1182 MEMORA UM OF AGREEMENT entered into this
BALBOA BOULEVARD from P day of ( L-f.0 ,
32nd Street to 44th Street 19 by and between
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 1986 -87 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, 191558 has by
formal resolution adopted the formal procedure for the administration o@( Itti V n
Arterial Highway Financing Pr p mm 7 2986
g y g ogram, as revised, which procedure is outl n
_1_ EMA
AHFP No. 1182
1 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 mutually agreed between the parties that BALBOA BOULEVARD
4 from 32nd Street to 44th Street, a street included in the Orange County Master Plan
5 of Arterial Highways, is a street of general COUNTY interest and should be improved
6 in accordance with the policies of the Arterial Highway Financing Program as
7 contained in the AHFP Procedure Manual, and as shown by the approved AHFP project
8 scope, plans and specifications on file with COUNTY's Environmental Management
9 Agency. Said work of such improvement shall be referred to hereinafter as PROJECT;
10 and
11 WHEREAS, CITY, as Lead Agency, has completed the environmental assessments
12 as required by the California Environmental Quality Act of 1970 by approving an
13 Environmental Impact Report for PROJECT, a copy of which is on file with COUNTY; and
14 WHEREAS, CITY has filed the Notice of Determination with the County Clerk;
15 and
16 WHEREAS, no additional environmental documents are required for compliance
17 with the California Environmental Quality Act; and
18 WHEREAS, CITY has reviewed PROJECT for conformance with the requirements
19 of Section 65402 of the California Government Code and applicable local ordinances
20 and CITY has acted as required.
21 NOW THEREFORE, IT IS AGREED b the
, y parties hereto as follows:
22 1. The Arterial Highway Financing Program (AHFP) Procedure Manual herein
23 referred to shall be and is hereby made a part of this agreement.
24 2. The Contracting Authority for PROJECT is hereby designated as CITY.
25 3. The Project Engineer for PROJECT is hereby designated as CITY.
26 4. The Construction Engineer for PROJECT is hereby designated as CITY.
27
5. All soils engineering and material and construction testing necessary
28 for PROJECT shall be performed by COUNTY. This shall include preliminary soils
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AHFP No. 1182
1 investigations, structure foundation investigations, recommendations for structural
2 sections and compaction requirements, and quality control of materials and
3 construction.
4 6. The work shall be subject at all times to inspection by the authorized
5 representatives of both parties.
6 7. Funds to be used for PROJECT:
7 a. The estimated cost of PROTECT covered by this agreement is:
8 DESIGN ENGINEERING: $ 128,000
9 CONSTRUCTION CONTRACT: 1,282,000
CONSTRUCTION ENGINEERING: 64,000
10 SAL: $ 1,474,000
11 b. On the basis of the above estimate, PROJECT will be financed as
12 follows:
13 COUNTY AHFP FUNDS: $ 500,000
14 CITY MATCHING FUNDS: 500,000
CITY FUNDS *: 474,000
15 TOTAL: $ 1,474,000
16 *Items not eligible for AHFP participation.
17 c. If upon completion of detailed design, it appears that PROJECT's
18 estimate will exceed the original allocation, the Contracting Authority shall follow
19 the procedures set forth in the AHFP Procedure Manual for Adjustment of Allocation.
20 d. Except as noted in (e) below, final adjustments of PROJECT'S costs
21 will be made on the basis of COUNTY fifty percent (508), CITY fifty percent (508),
22 on eligible items in the Contract up to the maximum COUNTY AHFP allocation.
23 e. COUNTY participation in longitudinal storm drain costs shall not
24 exceed a maximum of twenty -five percent (258) of the total cost of eligible storm
25 drain construction.
26 f. It is the intent of the parties hereto to comply with all
27 applicable rules regarding the expenditure of State Gas Tax Funds. Eligibility of
28 any storm drain item will be subject to final audit and determination by the State
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AHFP No. 1182
1 Controller's Office. Any future adjustment required by said Controller's Office
2 shall be made by CITY with CITY funds, including complete refunds to COUNTY of any
3 COUNTY gas tax funds declared by the Controller to have been expended on ineligible
4 construction.
5 g. Any funds spent prior to July 1, 1984 shall not be considered in
6 the final accounting of PROJECT.
7 8. This agreement shall become null and void in the event CITY fails, for
8 any reason, to advertise and award the contract for PROTECT prior to June 30, 1988
9 and CITY shall reimburse COUNTY for any expenditures incurred by County in
10 connection with PROJECT.
11 9. This agreement shall become null and void in the event that CITY, for
12 any reason, advertises PROTECT for bids prior to the granting of authorization to
13 advertise by COUNTY in accordance with the procedures set forth in the Arterial
14 Highway Financing Program Procedure Manual.
15 10. Upon acceptance of the completed AHFP PROJECT by the awarding
16 authority or upon the contractor being relieved of the responsibility for
17 maintaining and protecting certain portions of the work, CITY shall maintain PROJECT
18 or such portions of the work in a manner satisfactory to COUNTY. If, within ninety
19 (90) days after receipt of notice from COUNTY that PROTECT or any portion thereof is
20 not being properly maintained, CITY has not remedied the conditions complained of to
21 COUNTY's satisfaction COUNTY may withhold the programming or approval of further
22 AHFP projects of CITY until PROJECT shall have been put in a condition of
23 maintenance satisfactory to COUNTY. The maintenance referred to herein shall
24 include not only the preservation of the general physical feature of the roadway,
25 roadside, and surfacing, but also safety and regulatory features, devices and
26 appurtenances built into PROTECT.
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AHPP No. 1182
1 11. County -wide extension of Arterial System:
2 To promote uniformity of County Arterial Highway System with City
3 Master Plan of Major Streets, both parties agree to continue the promulgation of the
4 AHPP as outlined in the aforementioned Procedure Manual.
5 IT IS MUTUALLY UNDERSTOOD AND AGREED:
6 1. Pursuant to and in accordance with Section 10532 of the California
7 Government Code, in the event that this Contract involves expenditures of State
8 funds aggregating in excess of ten thousand dollars ($10,000), the parties shall be
9 subject to the examination and audit of the Auditor General of the State of
10 California for a period of three (3) years after final payment under this Contract.
11 2. That neither COUNTY nor any officer or employee thereof shall be
12 responsible for any damage or liability occurring by reason of anything done or
13 omitted to be done by CITY under or in connection with any work, authority or
14
jurisdiction delegated to CITY under this agreement. It is also understood and
15 agreed that, , pursuant to Government Code Section 895.4, CITY shall fully indemnify,
16 defend and hold COUNTY harmless from an liability imposed y y posed for injury (as defined by
17 Government Code Section 810.8), occurring by reason of anything done or omitted to
18 be done b CITY under or in connection with an work authority or
Y y y jurisdiction
19 delegated to CITY under this agreement.
20 3. That neither CITY nor any officer or employee thereof shall be
21 responsible for any damage or liability occurring by reason of anything done or
22 omitted to be done by COUNTY under or in connection with any work, authority or
23 jurisdiction not delegated to CITY under this agreement. It is also understood and
24
agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully
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indemnify, defend and hold CITY harmless from any liability imposed for injury (as
26 defined by Government Code Section 810.8), occurring by reason of anything done or
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omitted to be done by COUNTY under or in connection with any work, authority or
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jurisdiction not delegated to CITY under this agreement.
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AHFP No. 1182
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 Chairman 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:
4/ L-1
%Xt «oar" , 19
ATTEST:
Assistant City Clerk
Dated: OCT 14 1986 , 19_
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
LINDA D. ROBERTS
Clerk of the Board of Supervisors
of Orange County, California
SA:vmPWT09 -53
6225
CITY OF NEWPORT BEACH, a municipal
APPROVED AS TO FORM:
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City Attorney
COUNTY OF ORANGE, a political subdivision
of the State of California
44"
By -
Chairman, Board of Supervisors
APPROVED AS TO FORM
ADRIAN RUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALYORNIA
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Deputy
Date
September 23, 1986
! TO: CITY CLERK
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: EXECUTION OF AGREEMENT (Balboa Blvd., 32nd St. to 44th St.)
(C -2565)
Please execute the attached agreement, AHFP No. 1182, in
triplicate and return to Public Works Department for
further processing along with a certified copy of the
Council Minutes.
ThhA k you.
-- orst Hlawaty
P. E.
HH /bjm
Attachments
BY THE CITY COUNCIL August 25, 1986
CITY OF NEWPORT BEKH CITY COUNCIL AGENDA
•AU G 2 5 198v ITEM NO. F -3(b)
TO: CITY COUNCIL APPROVED
FROM: Public Works Department
SUBJECT: BALBOA BOULEVARD WIDENING FROM 32ND STREET TO 44TH STREET
RIGHT -OF -WAY CERTIFICATION
1
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute a right -of -way
certification for the Balboa Boulevard widening project.
DISCUSSION:
On December 9, 1985, the City Council adopted Resolution No. 85 -100
requesting the County of Orange to allocate funding for the construction to
•widen Balboa Boulevard from 32nd to 44th Street. On April 29, 1986, the Board
of Supervisors approved the inclusion of widening Balboa Boulevard into their
1986/87 Arterial Highway Financing Program.
Before the County will authorize the City to advertise for bids, the
City must certify that all right -of -way has been acquired for the roadway wide-
ning; and in making the certification, the City agrees to hold the County harm-
' less from any liability which may arise from the County's reliance upon the
certification.
A request to enter into an agreement for County participation in the
project and authorization to advertise for bids will be submitted to the Council
at a later date.
Benjamin B. Nolan
Public Works Director
HH:jd
RIGHT -OF -WAY CERTIFICATION
The City of newport Beach hereby certifies in connection
with the right of way for AHFP Project No. 1182, Balboa
Boulevard that.
1. All right of way has been acquired, and no additional
right of way is necessary.
2. Improvements and utilities as shown on the contract
drawings and described in the contract specifications
existent within the road right of way will either be
relocated or reconstructed outside the road right of way
so as not to interfere with construction.
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.
0 M / M/a - - WIM I - SO
7
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TO: CITY CLERK
FROM: Public Works Department
SUBJECT: RIGHT -OF -WAY CERTIFICATION
August 27, 1986
Attached is a Right -of -Way Certification form. Please
have executed by the City and return to this department for further
processing.
Horst Hlawaty
Project Manager
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