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C-2910(B) - Balboa Boulevard Rehabilitation from 23rd Street to 32nd Street; Placentia Avenue and Superior Avenue Rehabilitation
• TO: FROM: 0 py) BY THE C) Y CCui CITY OF NENPORT E,:..,.` March 22, 1993 MAR 2 21993 1 CITY COUNCIL AGENDA ITEM NO. 8 Mayor and Members of the City Council Public Works Department C - �91°(16) SUBJECT: BALBOA BOULEVARD REHABILITATION FROM 23RD STREET TO 32ND STREET; PLACENTIA AVENUE AND SUPERIOR AVENUE REHABILITATION, (C- 2910) -- COOPERATIVE AGREEMENT WITH ORANGE COUNTY TRANSIT AUTHORITY RECOMMENDATION: Authorize the Mayor and the City Clerk to execute Cooperative Agreement No. C -93 -479 with Orange County Transit Authority. DISCUSSION: This project includes for a jointly funded City of Newport Beach - Orange County Transit Authority (OCTA) concrete bus • pad on the northerly side of Balboa Boulevard between 23rd Street and 26th Street (see attached Exhibit). The concrete bus pad will make the designated OCTA bus parking area more durable, thereby lessening the frequent repairs and maintenance due to bus operations. In addition, the concrete bus pad will free existing routes from the burden of adjusting schedules and disruptions to accommodate frequent maintenance work. A cooperative agreement has been prepared by the Orange County Transit Authority. Under the agreement; OCTA shall provide eighty percent (80 %) and the City of Newport Beach shall provide twenty percent (20 %) of the bus pad construction cost. The construction of the concrete bus pad has recently been completed. The total "As Built" cost for the concrete bus pad is $ 12,337.50 (OCTA's portion $9,870, City's portion $2,467.50). Plans and specifications for the project were prepared by the Public Works Department. The contract is being administered by the City. The estimated date of completion is May 19, 1993. Benjamin B. Nolan Public Works Director GW:so Attachment Ile 5� IPO A1 0rA fly I I �� /< ✓�9 %��,'GS �"� o CITY ��o9C✓ ��j� � HALL 00 0 a o \ F � a z0 00 " 5� o� Ore Y4,,- NEWPORT PIER 26 5� EXHOBOT CITY OF NEWPORT BEACH "AS BUILT" CONCRETE BUS PAD • I 2 3 4 s 6 7 9 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREEMENT NO. C -93 -479 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY ,mi l CITY OF NEWPORT BEACH THIS AGREEMENT is made and entered into this anday of :�V� 1993 by and between the Orange County Transportation Authority, 1055 N. Main Street, Suite 516, Santa Ana, California 92701, a public corporation of the state of California (hereinafter referred to as "AUTHORITY "), acting on behalf of the Orange County Transit District, ( "DISTRICT "), and the city of Newport Beach, 3300 Newport Boulevard, Newport Beach, California 92659 -1768, a public corporation of the state of California (hereinafter referred to as "CITY "). WITNESSETH: WHEREAS, AUTHORITY has established a Countywide Bus Turnouts /Amenities program, under which AUTHORITY enters into bilateral agreements with cities in Orange County to share the costs and responsibilities for constructing turnouts and other amenities at designated bus stops; and WHEREAS, CITY now desires to participate in said program; NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: ARTICLE 1. COMPLETE AGREEMENT This Agreement, including all exhibits and other documents incorporated herein or made applicable by reference, constitutes the complete and exclusive statement of the terms and conditions of the agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings and communications. The invalidity in whole or in part of any term or condition of the Agreement shall not affect the validity Page 1 of 17 E 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREEMENT NO. C -93 -479 of other terms or conditions. AUTHORITY's failure to insist in any one or more instances upon CITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance by.CITY or to future performance of such term(s) or condition(s) and CITY's obligation in respect thereto shall continue in full force and effect. Changes hereto shall not be binding upon either party except when specifically confirmed in writing by an authorized representative of AUTHORITY and CITY. Exhibit A is attached to and, by this reference, incorporated in this Agreement. ARTICLE 2. REPRESENTATIVES The Chief Executive Officer of AUTHORITY, or his designee, shall have the authority to act for and exercise any of the rights of AUTHORITY as set forth in this Agreement. The City Manager of CITY, or his designee, shall have the authority to act for and exercise any of the rights of CITY as set forth in this Agreement, in accordance with the authorization granted by CITY's City Council, ARTICLE 3. SCOPE OF WORK 3.1 As used throughout this Agreement, the following terms shall have the following corresponding meanings. 3.1.1 "IMPROVEMENTS" means the bus turnouts and /or other amenities to be constructed under this Agreement, as specified in Exhibit A, "Project Description Report" 3.1.2 "CONTRACTOR" means the business entity represented by the person or persons, partnership, corporation, or combination thereof, which has entered into a construction contract with CITY to furnish and /or construct the IMPROVEMENTS; except that "CONTRACTOR" shall mean CITY if CITY, in accordance with provision 3.5.5.1 of this Agreement, elects to, itself, furnish and /or construct the IMPROVEMENTS. 3.1.3 "CONSTRUCTION CONTRACT" means the bidding and contractual Page 2 of 17 AGREEMENT NO. C -93 -479 1 documents to be executed by CITY during the bidding phase and subsequent award made 2 to an external CONTRACTOR for the construction of the IMPROVEMENTS. 3 3.1.4 "FTA" means the Federal Transit Administration of the U.S. 4 Department of Transportation, which has funds available to pay 100% of DISTRICT'S s share of the cost of the IMPROVEMENTS. 6 3.2 The IMPROVEMENTS to be constructed under this Agreement are specified in 7 Exhibit A, "Project Description Report ". The responsibilities of the parties toward s completion of said IMPROVEMENTS shall be the following. 9 3.3 CITY's Responsibilities: 10 3.3.1 Except as specifically noted otherwise elsewhere in this 11 Agreement, any obligations of CONTRACTOR to AUTHORITY under this Agreement, either 12 expressed or implied, are understood to be enforceable against CITY by AUTHORITY in 13 acknowledgement that AUTHORITY has no direct contractual relationship with CONTRACTOR. 14 3.3.2 CITY shall furnish the sites(s) specified in Exhibit A for 1s construction of the IMPROVEMENTS. If property is needed that is not CITY owned, CITY 16 shall acquire use and possession of said property through purchase or grant of long- 17 term easement or right of way at no cost to AUTHORITY. 18 3.3.3 At no cost to AUTHORITY, CITY shall have prepared and shall 19 submit to AUTHORITY a soils report on subsurface conditions at the site specified in 20 Exhibit A. 21 3.3.4 At no cost to AUTHORITY, CITY shall prepare, for review and 22 approval by AUTHORITY, preliminary and final engineering design specifications, 23 drawings and other required design documents and preliminary and final cost estimates 24 for the IMPROVEMENTS. 25 3.3.5 CITY shall provide all required utilities, as approved by 26 AUTHORITY, including connections, fees and installations, at no cost to AUTHORITY. Page 3 of 17 1 2 3 4 s 61 7', 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 2s 26 AGREEMENT NO. C -93 -479 3.3.6 CITY shall obtain state environmental clearance for the IMPROVEMENTS in compliance with the California Environmental Quality Act and shall procure all licenses, permits and any other required governmental approvals, except federal environmental clearance, at no costs to AUTHORITY. 3.3.7 CITY shall, through one of the methods described in provisions 3.5.5.1.1 and 3.5.5.1.2, establish a firm -fixed price for constructing the IMPROVEMENTS in strict accordance with the final design documents. 3.3.8 If CITY contracts with CONTRACTOR to construct the IMPROVEMENTS, CITY shall execute the CONSTRUCTION CONTRACT and shall ensure that all terms and obligations of CONSTRUCTION CONTRACT are fulfilled either directly or through its CONTRACTOR. 3.3.9 CITY, either directly or through its CONTRACTOR, shall construct the IMPROVEMENTS, and CITY shall administer the construction contract and monitor the construction, including testing and inspection of CONTRACTOR's work. Construction contract change orders, if any, must be approved by AUTHORITY prior to issuance to CONTRACTOR. Upon completion of the IMPROVEMENTS, CITY shall submit a final project report to AUTHORITY. 3.3.10 Ownership of the IMPROVEMENTS, upon their completion, shall be vested in CITY. CITY shall provide all required routine maintenance, utilities services and janitorial services to maintain the IMPROVEMENTS in a neat, clean and operational condition for the duration of their use. CITY grants to AUTHORITY on behalf of DISTRICT the perpetual right to use said IMPROVEMENTS. 3.4 AUTHORITY's Responsibilities: 3,4.1 AUTHORITY shall submit to CITY general design standards and conceptual designs for the IMPROVEMENTS to be constructed. 3.4.2 AUTHORITY shall expeditiously review and return to CITY, with Page 4 of 17 AGREEMENT NO. C -93 -479 1 written approval or instructions for modification, all documents CITY is required to 2 submit to AUTHORITY for approval, including, but not limited to, preliminary design 3 documents, final design documents, construction bid documents, construction contract 4 and contract change orders. 5 3.4.3 AUTHORITY shall obtain federal environmental clearance for the 6 IMPROVEMENTS. 7 3.4.4 AUTHORITY acting on behalf of DISTRICT, shall obtain all required 8 approvals from FTA, including concurrence to use FTA furnished grant funds for 9 construction of the IMPROVEMENTS and, if necessary, approval of the construction 10 contract and construction contract change orders. 11 3.5 Procedural Requirements: 12 3.5.1 Design of the IMPROVEMENTS, preparation of construction bid 13 documents, solicitation of construction bids, preparation and award of the 14 construction contract, construction of the IMPROVEMENTS, monitoring of the is construction, contract administration, and all work and all work products associated 16 with the aforementioned activities, shall conform to the following procedures and 17 standards and shall comply with all applicable requirements of AUTHORITY, CITY, FTA is and the state of California with regard to public works projects. 19 3.5.2 Engineering services and products required to be furnished by 20 CITY shall be consistent in quality with contemporary engineering standards, and, at 21 CITY's option, may be performed by CITY's own employees or an outside engineering 22 consultant or a combination thereof. 23 3.5.3 Preliminary Design Phase - -CITY shall consult with AUTHORITY to 24 ascertain the requirements of the IMPROVEMENTS and shall confirm such requirements 25 to AUTHORITY. CITY shall prepare a Schematic Design consisting of drawings and other 26 documents illustrating the scale and relationship of the IMPROVEMENTS for approval Page 5 of 17 AGREEMENT NO. C -93 -479 1 by AUTHORITY, together with Outline Specifications and a Preliminary Construction Cost 2 Estimate. CITY shall provide all necessary field information for design. 3 3.5.4 Final Design Phase -- 4 3.5.4.1 CITY shall prepare from the approved Preliminary Design s Documents final and complete Working Drawings and Specifications setting forth in 6 detail the requirements for the construction of the IMPROVEMENTS, including all 7 necessary bidding information and final Construction Cost Estimate, and shall submit 8 said documents to AUTHORITY for approval. 9 3.5.4.2 CITY shall file the required documents for the approval 10 of governmental authorities having jurisdiction over the IMPROVEMENTS, and shall, at 11 its own expense, do all necessary work for any changes in the plans and /or specifi- 12 cations resulting from errors or omissions. 13 3.5.5 Bidding and Award Phase -- 14 3.5.5.1 After AUTHORITY's approval of the Construction Docu- is ments and the latest final Construction Cost Estimate, CITY shall, through one of the 16 following methods, establish a firm -fixed price for constructing the IMPROVEMENTS in 17 strict accordance with said Construction Documents: is 3.5.5.1.1 At no cost to AUTHORITY, CITY shall 19 prepare, for review and approval by AUTHORITY, construction bid documents. Upon 20 approval of said documents by AUTHORITY, CITY shall, through formal advertising, 21 invite competitive bids from licensed construction contractors and, subject to 22 approval by AUTHORITY, award a contract to the lowest responsive and responsible 23 bidder; or 24 3.5.5.1.2 CITY shall submit to AUTHORITY a firm -fixed 25 price for CITY, itself, to construct the IMPROVEMENTS, along with supporting 26 information acceptable to AUTHORITY establishing that CITY's price is less than or Page 6 of 17 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREEMENT NO. C -93 -479 equal to the price that would be charged by a private contractor under competitive bidding conditions. If AUTHORITY agrees to CITY's firm -fixed price for construction, said agreement shall be confirmed in writing by the two parties and, thereafter, CITY shall perform the obligations of CONTRACTOR as set forth in this Agreement. 3.5.5.2 If award is proposed to be made to other than the lowest bidder, or if only a single bid is received by CITY, AUTHORITY, acting on behalf of DISTRICT, may request approval of the contract from FTA prior to the award being made final. 3.5.5.3 CITY shall 'execute and issue the construction contract to CONTRACTOR, obtain all required insurance certificates and security bonds from CONTRACTOR, and issue a "notice to proceed" to CONTRACTOR. 3.5.6 Construction Phase -- 3.5.6.1 AUTHORITY shall at all times have access to the construction work, wherever it is in preparation or progress. 3.5.6.2 CITY shall make periodic visits to the site to monitor the progress and quality of the construction work in accordance with the construction contract and to protect AUTHORITY and CITY against defects and deficiencies in the work of CONTRACTOR, provided, however, that approval of the work of CONTRACTOR, or any portion thereof, by CITY shall not be construed as a warranty of the work of CONTRACTOR or any part thereof, nor shall such approval create any liability on the part of CITY to AUTHORITY for any injuries, damages, losses or expenses resulting or allegedly resulting from any failure of CITY to discover any defect or deficiency in the work of CONTRACTOR, except such liability as would exist under the laws of the state of California. 3.5.6.3 Based on such observations at the site and on CONTRACTOR's applications for payment, CITY shall determine the amount owing to Page 7 of 17 AGREEMENT NO. C -93 -479 1 CONTRACTOR and shall issue certificates for payment in such amounts. The issuance of 2 a certificate for payment shall constitute a representation by CITY to AUTHORITY, 3 based on CITY's observations at the site as provided herein and further based on the 4 data comprising-the application for payment, that the work has progressed to the point 5 claimed, and that the quality of the work is in accordance with the contract 6 documents; and that CONTRACTOR is entitled to payment in the amount certified. 7 3.5.6.4 CITY shall reject any work which does not conform to s the contract documents. 9 3.5.6.5 CITY shall review and approve shop drawings, samples 10 and other submissions of CONTRACTOR for conformance with the specifications and 11 drawings for the IMPROVEMENTS and for compliance with the information given in the 12 contract documents. 13 3.5.6.6 CITY shall prepare construction contract change orders, 14 subject to AUTHORITY approval. 1s 3.5.6.7 CITY shall conduct inspections to determine the date 16 of final completion, shall receive and review written guarantees and related documents 17 assembled by CONTRACTOR, shall issue a final certificate for payment, and shall make Is final payment to CONTRACTOR. 19 3.5.6.8 CITY shall be responsible for preparing the "As- Built" 20 plans. 21 3.5.6.9 After completion of all the required IMPROVEMENTS, CITY 22 shall prepare and submit to AUTHORITY in triplicate a final project report. 23 ARTICLE 4. TERM OF AGREEMENT 24 4.1 This Agreement shall commence upon execution by both parties and continue 25 in effect through July 31, 1993, unless earlier terminated as provided hereunder. 26 4.2 CITY shall complete construction of all IMPROVEMENTS by March 31, 1993. Page 8 of 17 AGREEMENT NO. C -93 -479 1 4.3 This Agreement is contingent on DISTRICT's receipt of a financial 2 assistance contract between DISTRICT and the United States Department of Transpor- 3 tation, Federal Transit Administration. 4 ARTICLE 5. PAYMENT 5 5.1 For CITY's full and complete performance of its obligations under this 6 Agreement, AUTHORITY shall pay CITY eighty percent (80%) of the firm -fixed price 7 stated in CITY's CONSTRUCTION CONTRACT with CONTRACTOR for construction of the 8 IMPROVEMENTS, except that AUTHORITY's payment shall not exceed Nine Thousand, 9 Eight Hundred Seventy Dollars ($9,870.00). 10 5.2 CITY shall bear all other costs of completing the IMPROVEMENTS, 11 including, but not limited to, all costs for site acquisition, completion of soils 12 reports, engineering design, bid solicitation and contract award, contract 13 administration, construction - monitoring, routine maintenance and repairs, and 14 janitorial services of the completed IMPROVEMENTS. CITY shall also pay twenty percent 15 (20 %) of the firm -fixed price stated in the CONSTRUCTION CONTRACT with CONTRACTOR for 16 construction of the IMPROVEMENTS. 17 5.3 AUTHORITY shall pay CITY after receipt of the final project report from 18 CITY. Accompanying the final project report shall be an invoice stating the amount 19 owed by AUTHORITY. AUTHORITY shall remit payment to CITY within thirty (30) calendar 20 days of receipt and approval of said invoice. 21 5.4 CITY shall maintain current records of cost information adequate to 22 reflect the cost of constructing the IMPROVEMENTS at all times while construction is 23 in progress and shall prepare and furnish to AUTHORITY such written estimates of costs 24 and information in support thereof as AUTHORITY may reasonably request. 25 5.5 CITY's invoice to AUTHORITY shall be taken from the books of account kept 26 by CITY and CITY shall provide AUTHORITY with copies of CONTRACTOR's or CITY's payroll Page 9 of 17 1 2 3 4 s. 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 2s 26 • 0 AGREEMENT NO. C -93 -479 distribution, receipted bills and other related documents as requested by AUTHORITY for invoice justification. ARTICLE 6. MAXIMUM OBLIGATION Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY mutually agree that AUTHORITY's maximum cumulative payment obligation hereunder shall be Nine Thousand Eight Hundred Seventy Dollars ($9,870.00), including all amounts payable to CITY for its contracts, leases, materials and other costs arising from, or due to the termination of, this Agreement. ARTICLE 7. NOTICES All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person to the destinations specified below or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: To CITY: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92659 -1768 ATTENTION: Gilbert Wong, Project Engineer (714/644 -3311) To AUTHORITY: Orange County Transportation Authority 11222 Acacia Parkway Garden Grove, CA 92640 ATTENTION: Contracts Administrator (714/638 -9000, ext. 3866) ARTICLE 8. INDEPENDENT CONTRACTOR CITY's relationship to AUTHORITY in the performance of this Agreement is that of an independent contractor. CITY shall be solely responsible for, and save AUTHORITY harmless from, all matters relating to the payment of CITY's employees and CONTRACTOR for work performed under this Agreement, including compliance with social security, income tax withholding, unemployment compensation, workers' compensation Page 10 of 17 AGREEMENT NO. C -93 -479 1 and all other regulations governing such matters. 2 ARTICLE 9. INSURANCE 3 9.1 During performance hereunder, CITY and CONTRACTOR shall maintain the 4 following insurance, which shall be full- coverage insurance not subject to self - 5 insurance conditions, and CONTRACTOR shall not, of its own initiative, cause such 6 insurance to be canceled or materially changed during the term of this Agreement. 7 9.1.1 Comprehensive General Liability, including Products /Completed a Operations, Contractual and Independent Contractors Liability coverage; and Automobile 9 Liability, including any autos; with at least the following limits of liability: 10 9.1.1.1 Primary Bodily Injury Liability limits of $500,000 per 11 occurrence; and 12 9.1.1.2 Primary Property Damage Liability limits of $500,000 13 per occurrence; or 14 9.1.1.3 Combined single limits of liability for Primary Bodily 15 Injury and Primary Property Damage of $1,000,000 per occurrence. 16 9.2 Prior to commencement of any work hereunder, CITY and CONTRACTOR shall 17 furnish to AUTHORITY's Contracts Administrator certificates of insurance showing the Is required insurance coverages and further providing that: 19 9.2.1 AUTHORITY is named as an additional insured on Comprehensive 20 General Liability and Automobile Liability insurance with respect to performance 21 hereunder; and 22 9.2.2 The coverage shall be primary and noncontributory as to any other 23 insurance with respect to performance hereunder; and 24 9.2.3 Thirty (30) days prior written notice of cancellation or material 25 change in coverage be given to AUTHORITY. 26 9.3 "Occurrence," as used herein, means any event or related exposure to Page 11 of 17 1 2 3 4 5 6 7 s 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 9 AGREEMENT NO. C -93 -479 conditions which result in bodily injury or property damage. 9.4 If CITY is self- insured, then CITY shall at all times maintain sufficient budgetary reserves to provide the same risk coverages, liability limits and security for AUTHORITY as specified above for full- coverage insurance and shall furnish to AUTHORITY's Contracts Administrator a letter signed by CITY's Risk Manager attesting to same. MANAGER 10. PRECEDENCE Conflicting provisions hereof, if any, shall prevail in the following descending order of precedence: (1) the provisions of this Agreement including Exhibit A; (2) all other documents cited herein or incorporated by reference. ARTICLE 11. DISPUTES 11.1 This Agreement shall be construed and all disputes hereunder shall be settled in accordance with the laws of the state of California. 11.2 If either party brings an action to enforce the terms of, or to declare its rights under, this Agreement, then the prevailing party in any such action, on trial or appeal, shall be entitled to its reasonable attorney's fees to be paid by the losing party as fixed by the court. ARTICLE 12. TERMINATION 12.1 AUTHORITY may terminate this Agreement for its convenience any time, in whole or part, by giving CITY thirty (30) day prior written notice thereof. 12.2 AUTHORITY may terminate this Agreement for default if CITY breaches any material term(s) or violates any material provision(s) of this Agreement and does not cure such breach or violation within ten (10) days after written notice thereof by AUTHORITY. 12.3 If CITY receives from AUTHORITY a notice of termination, for reason of either AUTHORITY's convenience or CITY's default, said notice shall be given to CITY Page 12 of 17 AGREEMENT NO. C -93 -479 1 in accordance with the applicable provisions of Title 48, Chapter 1, Subchapter "G ", 2 Part 49, of the Federal Acquisition Regulation and specific subparts and Article 7 3 herein. CITY shall exercise all reasonable controls to promptly terminate further 4 charges against this Agreement and shall agree to comply with all applicable 5 provisions of the Federal Acquisition Regulation pertaining to termination. After 6 giving CITY notice of termination, AUTHORITY shall pay CITY for AUTHORITY's share of 7 costs incurred to date of termination. CITY shall keep adequate records to substan- 8 tiate costs and shall provide AUTHORITY with copies in the event of termination. 9 ARTICLE 13. INDEMNIFICATION io 13.1 CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, ii directors, employees and agents from and against any and all claims (including 12 attorney's fees and reasonable expenses for litigation or settlement) for any loss 13 or damages for bodily injuries, including death, or loss of, damage to or loss of use 14 of property arising solely out of the negligent performance of this Agreement by CITY, is its officers, directors, employees, agents, contractors or suppliers during the 16 construction of the items to be constructed under this Agreement. 17 13.2 AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, 18 directors, employees and agents from and against any and all claims (including 19 attorney's fees and reasonable expenses for litigation or settlement) for any loss 20 or damages for bodily injuries, including death, or loss of, damage to or loss of use 21 of property arising solely out of the negligent operation of DISTRICT -owned vehicles 22 by AUTHORITY's personnel. 23 ARTICLE 14. ASSIGNMENTS AND SUBCONTRACTING 24 Neither this Agreement nor any interest herein nor claim hereunder may be 25 assigned by CITY either voluntarily or by operation of law, nor may all or any part 26 of this Agreement be subcontracted by CITY, without the prior written consent of Page 13 of 17 1 2 3 4 5 6 7 s 9 10 11, 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 AGREEMENT NO. C -93 -479 AUTHORITY. Consent by AUTHORITY shall not be deemed to relieve CITY of its obligations to comply fully with all terms and conditions of this Agreement. ARTICLE 15. AUDIT AND INSPECTION OF RECORDS After receipt of reasonable notice and during the regular business hours of CITY, CITY shall permit AUTHORITY, the U.S. Department of Transportation, the Comptroller General of the United States, or other agents of AUTHORITY, to inspect and audit all data and records of CITY relating to its performance under this Agreement. The same rights of inspection and audit shall apply to the records of CONTRACTOR and CONTRACTOR's subcontractors and CITY shall inset provisions in its contract with CONTRACTOR establishing such rights for AUTHORITY and its agents. ARTICLE 16. FEDERAL, STATE AND LOCAL LAWS CITY warrants that in the performance of this Agreement, it shall comply with all applicable federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated thereunder. ARTICLE 17. EQUAL EMPLOYMENT OPPORTUNITY In connection with its performance under this Agreement, CITY shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age or national origin. CITY shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. This provision shall be included in CITY's contract with CONTRACTOR and in the CONTRACTOR's contracts with any subcontractors. Page 14 of 17 1 1. • • AGREEMENT NO. C -93 -479 1 ARTICLE 18. DISADVANTAGED BUSINESS ENTERPRISES 2 In connection with its performance under this Agreement, CITY agrees to 3 cooperate with AUTHORITY in meeting AUTHORITY's commitments and goals with regard to 4 the maximum utilization of Disadvantaged Business Enterprises (DBEs) and CITY will 5 use its best efforts to ensure that DBEs shall have an equitable opportunity to 6 compete for subcontract work under this Agreement. 7 ARTICLE 19. PROHIBITED INTERESTS 8 19.1 No officer, member or employee of AUTHORITY or CITY during his /her tenure 9 or for one year thereafter shall have any interest, direct or indirect, in this 10 Agreement or the proceeds thereof. 11 19.2 The parties covenant and agree that to their knowledge no Board member, 12 Councilman, officer or employee of AUTHORITY and /or CITY has any personal interest, 13 whether contractual, noncontractual, financial or otherwise, in this transaction and 14 that if any such interest comes to the knowledge of either party at any time a full 15 and complete disclosure of all such information will be made in writing to the other 16 party or parties, even if such interest would not be considered a conflict of interest 17 under applicable laws. 18 19.3 CITY hereby covenants that it has, at the time of the execution of this 19 Agreement, no interest, and that it shall not acquire any interest in the future, 20 direct or indirect, which would conflict in any manner or degree with the performance 21 of services required to be performed pursuant to this Agreement. CITY further 22 covenants that in the performance of its obligations under this Agreement no person 23 having any such interest shall be employed by CITY. 24 19.4 No member of or delegate to the Congress of the United States shall be 25 admitted to any share or part of this Agreement or to any benefit arising therefrom. 26 / Page 15 of 17 AGREEMENT NO. C -93 -479 1 ARTICLE 20. OWNERSHIP OF REPORTS AND DOCUMENTS 2 Any patentable result arising out of this Agreement as well as all information, 3 designs, specifications, know -how, data and findings shall be made available to the 4 federal government for public use, unless the U.S. Department of Transportation shall, 5 in a specific case where it is legally permissible to do so, determine that it is in 6 the public interest that it not be so made available. 7 ARTICLE 21. EXCUSABLE DELAYS 8 Either AUTHORITY or CITY, or both, shall be excused from performing under this 9 Agreement during the time and to the extent that it is prevented from performing by 10 a cause beyond its control, including but not limited to: any incidence of fire, 11 flood or strike; acts of God; commandeering of material, products, plants or 12 facilities by the federal, state or local government; national fuel shortage; or a 13 material act of omission by the other party; when satisfactory evidence thereof is 14 presented by the party not performing, and provided further that such nonperformance 15 is unforeseen and beyond the control and is not due to the fault or negligence of the 16 party not performing. 17 / 1s / 19 / 20 / 21 / 22 / 23 / 24 / 25 / Z6 / Page 16 of 17 1 2 3i 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 OP :M AQ'3179.AG 0 AGREEMENT NO. C -93 -479 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C -93 -479 to be executed on the date first above written. CITY A NEWPORT BEACH ORANGE,COUNTY TRANSPORTATION AUTHORITY By By or irg' is Ab dessa, Manager Cont acts Administration ATTEST: APPROV 1q)-AS TO FORM: By By Citf Clerk Ken rd R. Smart, Jr p General Counsel Dated: APPROV S M: By Ci y Attor ey Page 17 of 17 0 •REEMENT N0. C- 93-479 EXHIBIT A PROJECT DESCRIPTION REPORT CITY OF NEWPORT BEACH BALBOA BOULEVARD BUS PAD CONSTRUCTION AND INSTALLATION INTRODUCTION The Orange County Transit District (OCTD) has $552,250 in Federal Transit Administration (FTA) grants that can be used for the development of bus turnouts and other amenities in Orange County. Projects proposed for funding under this program are based on input from OCTD, city and county staff, patrons, and the Orange County Transit District's Transit Centers Assessment Report (Oct. 1987). This project report summarizes the process between the City of Newport Beach and the OCTD for implementing a needed improvement on Balboa Boulevard. DESCRIPTION OF THE PROBLEM Balboa Boulevard, a primary arterial on the County of Orange's Master Plan of Arterial Highways, currently serves as a link between the surrounding residential areas and activity centers along Pacific Coast Highway in the City of Newport Beach. Several OCTD bus lines run along the route including 43 and 53/53A, which have the highest and fifth highest passenger ridership levels among OCTD lines, respectively. (See Attachments). This substantial level of vehicular and bus traffic has caused severe cracking and deterioration. In order to improve this transportation corridor, the City of Newport Beach is undertaking a rehabilitation project. The rehabilitation project includes the reconstruction of the number two westbound traffic lane and the adjacent bus parking area. This rehabilitation project is being completed under the Orange County Arterial Highway Financing Program (AHFP), Agreement Number 1314. In addition to the reconstruction of the bus parking area, the project will include the construction and addition of a concrete bus pad to an existing parking area. The City of Newport Beach requested that OCTD provide partial funding for the pad through our Bus Turnout /Amenities Program. The cost of the 230 foot long, 12 inch thick pad includes: compacting subgrade, construction, contract administration, excavation, grading, inspection, painting, removing existing improvements, sawcutting, and surveying. IDENTIFICATION OF ALTERNATIVES Two alternatives were identified by City and OCTD staff: Alternative 1- Null Alternative. Under this alternative, OCTD and the City of Newport Beach would not construct the concrete bus pad. u • Alternative 2- Construct Alternative. Under this alternative, a concrete bus pad would be constructed as shown on Figure 1. EVALUATION OF THE ALTERNATIVES The described alternatives were evaluated by OCTD and City staff based on the following considerations: • Ability of the alternative to respond to the City of Newport Beach's concerns regarding street maintenance along Balboa Boulevard. No adverse impact on existing or future operations and patrons. • Mutually acceptable to both the City of Newport Beach and OCTD. Alternative 1- Null Alternative. The null alternative was eliminated for the following reasons: • It does not address the City's concerns regarding street maintenance. The existing bus traffic along Balboa Boulevard makes reinforcement to the specked parking area necessary. Without reinforcement, the project site will require a great deal of repair work. Alternative 2- Construct Alternative. The total cost of the construct alternative without factoring in engineering costs is $12,075. OCTD's share would be $9,660. Under current FTA guidelines, engineering costs are paid by the City. The cost to the City of Newport Beach is estimated to be $2,415. The construct alternative is preferred for the following reasons: • The proposed bus pad addresses the City's concern regarding street maintenance along Balboa Boulevard. The proposed bus pad will make the specified parking area more durable and less needy of frequent repair. • The proposed pad provides a benefit for existing and future bus operations along Balboa Boulevard. The bus pad will free existing routes from the burden of adjusting schedules to accommodate frequent maintenance work. ENVIRONMENTAL CLEARANCE Under the National Environmental Policy Act categorical exclusion, as defined in Section Guidelines: 2 (NEPA), the preferred alternative is a 4.5 (aa) of the District's Environmental 0 0 Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g. parking, weaving, turning, climbing). No additional environmental review under NEPA is necessary. This project report documents the categorical exclusion status of the project as required by NEPA regulations. IMPLEMENTATION OF THE SELECTED ALTERNATIVE The City of Newport Beach indicated their general agreement with the construction of the bus pad, and with the responsibilities outlined below: City Responsibilities 1. Providing one hundred percent of the final design and final cost estimate. 2. Guaranteeing the City has the needed right -of -way or a long term easement. 3. Advertising, obtaining bids, and awarding construction contract, subject to the District's approval. 4. Construction administration, including testing and inspection costs. 5. Providing, at a minimum, twenty percent of the construction costs. 6. Completion of the final project report. 7. Providing one hundred percent of the maintenance /ownership of the concrete bus pad. 8. Providing a long term right of access to the District. 9. Ensuring that the project complies with State environmental regulations. District Responsibilities 1. Providing the City general design standards for the selected alternative. 2. Reviewing and approving the final design. 3. Development of the Project Description Report and ensuring that the project complies with Federal environmental regulations. 4. Obtaining FTA approval for the expenditure of funds. 5. Providing the eighty percent of the bus pad construction costs, excluding engineering costs. In order to ensure that these responsibilities are met and satisfied, an agreement will be executed between the District and the City of Newport Beach. 3 • Figure 1 City of Newport Beach Proposed Concrete Bus Pad M ORION NMI Attachment a Vo Y 05 r6 53 /olA Attachment B ORANGE z1 STREETS WITH MEATS Va NUMBERS INOCATE W an M J TRANSFER POINTS NORTH TAR 16 KATELIA 50, SOA, _ I kC 119 m t m m m • O✓ TIME CHECK POINTS COL ✓ A REGULAR ROUTING <I CHAPMAN 69 ■ ■ ■ ■ ALTERNATE ROUTING S' I ✓ � ALMOND 54 51, SJ. SJA, S5 I FARE: $1.00 LA VETA 55 -22 FWY= TOWN B COUNTRY 51. S3. 53A. SS 775.75A. .19A, 51, 55, 56.56A. 57, 61, 6M. 65.65A, 69.70.72. 65. BSA, 205. Ji tA. JS7. 362 ' N J S3, 53A, 55. 57.59, 59A, 71A. 71.78.211.382 y W ... •••BAKER 57 71A.71.382 (55 WEEKENDS ONLY) COSTA MESA , NEWPORT ' BEACH NB q, 53, 53A. 65 s� s� BALBOA ISLAND ■ 9 53.53A, 65 38 3&A. 42 42A. 50A, S3, SSA 69, 71, 71A, 73, IEC 119 n suu 2 F� 141FIFTH r7 NTA ANA BLVD $6.56A, cc 56. SEA. 61.69. 75, 7 BALBOA == Checkpoints Q on the route Correspond to bus departurelarrival times on the timetable. Route numbers shown on streets Indicate routes that you may transfer to. 85.8SA 362 SANTA ANA IRVINE Surfboards that don't create a hazard as determined by the 9� driver are allowed o rFq OCTO buses. MAXIMUM: 6feet SERVICE TO: Orange Mal of Orange Orange Civic Center Children s Hospital • CHOC St. Joseph's Hospital Santa Ana The Main Place Irvine Irvine Business Complex Costa Mesa South Coast Plaza O.C. Performing Ads Center South Coast Repertory Theatre Newport Beach Newport Beach City Half Hoag Hospital Newport Pier Balboa Baboa Pier . e SERVICE T0: Santa Ana Santa Ana Transit Terminal Santa Ana CAS'IC Canter DAN Tustin Tustin Civic Center Luw'in Square Tustin Market P%= Tustin Auto Square Irvine Woodixidge University Ffiph SChod ucVThe Markel PIG Newport Box Newport Center/ Fashion Wand Nexpon Transportation Center Newport Pier Balboa Balboa Pier 9AMA Gv,c crn ANA SO iAMAANA eLVO 47.19,49A. Si. M. se, 3/A S7, W. 1+, w, ey u. E.sA, u, 70.7X 75, 754, es. M. M. a,+A, 357. Sdi NEWPORT BEACH x= I hat don't zard as DT the llowed on s. Brest U. >J• sSA. u 0 Attachment C ;ON 4LC �, iNIDN a:AND L �E'ti'a WA S.v� CAL90A :SLANO BALBOA • sOwN 65/65A IMEn ..M R.iEM.9C.■ O mlE:�a ro.ia ........... �� •s ;�,.EP •o,.rw i ;AA=. $1.00 1 OCTA's Bus Service has a family of services for you. Local bus service is avoiloble throughout the TUSTIN NS rWYAR.ET PUCE E local route. ANDAVTOSDUWE Commuter /Express bus service is available 22.60.93. IYE.•N, il, 11A t ~ OI � )9h ETN I IRVINE .f r Sf 2 � r J5♦ 1 ✓ i iiP$T . J �, EE Ce ♦ ✓ al% rE�VY 41,� 4 °49 �I for groups of eight or more pecole. County call 1- 800 -794 RIDE. 'vale enecitVe 7uly I. I99t and suble l to Change. l'1+ r IRVINE Y•e�� q�' rA+�L eii E' y,• �04 f4AEE Ae �. :00, ;ON 4LC �, iNIDN a:AND L �E'ti'a WA S.v� CAL90A :SLANO BALBOA • sOwN 65/65A IMEn ..M R.iEM.9C.■ O mlE:�a ro.ia ........... �� •s ;�,.EP •o,.rw i ;AA=. $1.00 1 OCTA's Bus Service has a family of services for you. Local bus service is avoiloble throughout the Rams Service to A nCheim Stadium (route 100) county. There is a separate timetable for each offers express bus service to every Dorm home local route. game from nine iocations across the county. One Commuter /Express bus service is available way fore is S2.00'. children six and under ride free within Orange County offering commuters on (mcximum three children), alternative to driving alone during peak hours. Dial -A -Ride Service to downtown Los Angeles is available on Demcnd Service ---a neighborhood curb -to -curb, two routes. Call (714) 636 -RIDE for more informa- shared -ride service for senior citizens cnd persons tion. To find out about bus service available inside with disabilities. Los Angeles County, call RTD of (714) 6356010. For more information, call OCTA's Information Grouo -"a convenient tronsportction citernctive Center at (714) 636 -RIDE. From South Orange for groups of eight or more pecole. County call 1- 800 -794 RIDE. 'vale enecitVe 7uly I. I99t and suble l to Change. SUBJECT: BALBOA BOULEVARD REHABILITATION FROM 23RD STREET TO 32ND STREET (C- 2910)(A) RECOMMENDATION: Authorize the Mayor and the City Clerk to execute an AHFP Agreement with the County of Orange. The County of Orange, over a number of years, has set aside funds from the County Highway Users Tax to improve major roadways throughout Orange County. The Arterial Highway Financing Program is a matching program designed to fund local street and • road construction projects. On May 21, 1991 the Board of Supervisors of Orange County approved Resolution No. 91 -595 establishing their Fiscal Year 91 -92 Arterial Highway Financing Program. Included was a $150,000 allocation for the City's Balboa Boulevard Rehabilitation from 23rd Street to 32nd Street project. The City's project consists of reconstructing as- needed portions of existing street sections, curbs and gutters, alley approaches, and sidewalks. The project will also include replacement of the existing sewer mains; improvement of storm drains; replacement of street light conduits and conductors; installation of a concrete bus turnout pad and curb access ramps; crack sealing pavement cracks 1/8" and larger; and construction of an A.C. overlay over reinforced pavement fabric. The project will improve the rideability and drainage on the pavement surface with an adequate structural section for present and future traffic demands. This agreement provides for administration and funding to construct the project. A summary of the agreement is as follows: • COUNTY agrees to: 1. Bear 50$ of the cost of AHFP eligible items, not to exceed total County cost of $155,000. 2. Participate in storm drain costs not to exceed a maximum of 25% of the total cost of eligible storm drain construction. (,�X) BY THE COUBEACH September 14, 1992 sp 1 d la • CITY COUNCIL AGENDA ITEM NO. 8 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: BALBOA BOULEVARD REHABILITATION FROM 23RD STREET TO 32ND STREET (C- 2910)(A) RECOMMENDATION: Authorize the Mayor and the City Clerk to execute an AHFP Agreement with the County of Orange. The County of Orange, over a number of years, has set aside funds from the County Highway Users Tax to improve major roadways throughout Orange County. The Arterial Highway Financing Program is a matching program designed to fund local street and • road construction projects. On May 21, 1991 the Board of Supervisors of Orange County approved Resolution No. 91 -595 establishing their Fiscal Year 91 -92 Arterial Highway Financing Program. Included was a $150,000 allocation for the City's Balboa Boulevard Rehabilitation from 23rd Street to 32nd Street project. The City's project consists of reconstructing as- needed portions of existing street sections, curbs and gutters, alley approaches, and sidewalks. The project will also include replacement of the existing sewer mains; improvement of storm drains; replacement of street light conduits and conductors; installation of a concrete bus turnout pad and curb access ramps; crack sealing pavement cracks 1/8" and larger; and construction of an A.C. overlay over reinforced pavement fabric. The project will improve the rideability and drainage on the pavement surface with an adequate structural section for present and future traffic demands. This agreement provides for administration and funding to construct the project. A summary of the agreement is as follows: • COUNTY agrees to: 1. Bear 50$ of the cost of AHFP eligible items, not to exceed total County cost of $155,000. 2. Participate in storm drain costs not to exceed a maximum of 25% of the total cost of eligible storm drain construction. (,�X) 0 Subject: Balboa Boulevard Rehabilitation from 23rd Street to 32nd Street (C -2910) • September 14, 1992 Page 2 3. Provide soil engineering and material and construction testing for project. 4. Approve the plans, specifications, and contract documents as AHFP eligibility prior to advertising. CITY agrees to: 1. Bear 50% of the cost of AHFP eligible items up to City cost and any amount exceeding $155,000. 2. Advertise, award, and administer the construction of the project. 3. Furnish COUNTY a Final Project Report. • IT IS MUTUALLY agreed that: 1. City shall fully indemnify, defend and hold County harmless from any liability imposed for injury occurring by reason of anything done or omitted to be done by City in conjunction with any work under this agreement. 2. County shall fully indemnify, defend and hold City harmless from any liability imposed for injury occurring by reason of anything done or omitted to be done by City in conjunction with any work under this agreement. Funding for the project is as follows: Account Amount ORANGE COUNTY AHFP $155,000 • ORANGE COUNTY TRANSPORTATION AUTHORITY 8,200 (FORMERLY ORANGE COUNTY TRANSIT DISTRICT) CITY 336,800 TOTAL PROJECT COST $500,000 1] Subject: Balboa Boulevard Rehabilitation from 23rd Street to 32nd Street (C -2910) • September 14, 1992 Page 3 Total project cost includes estimates for engineering, contract administration, and construction. The City's portion is included in the most recent budget revisions for F.Y. 92 -93. The AHFP requires that an environmental document be submitted along with all applications for funds. A "Categorical Exemption" has been filed with the County Clerk. AHFP also requires a resolution from the Council requesting the amount of County funds needed for the project; and committing the City to match the County funds if the funds are granted to the City. This appropriate resolution was approved during the January 14, 1991 City Council meeting. The proposed project must be awarded by November 30, 1992 to meet AHFP requirements. The plans and specifications were prepared by the Public Works Department and are currently being processed by Orange County for final AHFP approval. • Benjamin B. Nolan Public Works Director GW:so Attachment • COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT PROJECT #1314 MEMORANDUM OF AGREEMENT entered into /- BALBOA BOULEVARD this , day ofJD�ORA , From 23rd Street 19112 -by and between: to 32nd Street 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 1991 -92 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 document on file with the County Clerk, formally known as the County of Orange Arterial Highway Financing Program Procedure Manual; and WHEREAS, BALBOA BOULEVARD from 23rd Street to 32nd Street, a street included in the Orange County Master Plan of Arterial Highways, is a street of general COUNTY interest and was selected for improvement in accordance with the policies of the Arterial Highway Financing Program as contained in the AHFP Procedure Manual, and as shown by the approved AHFP project scope, plans and specifications on file with COUNTY's Environmental Management Agency. 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, as amended, by finding the PROJECT to be categorically exempt, a copy of which is on file with COUNTY; and -1- AHFP #1314 WHEREAS, CITY filed the Notice of Determino-on 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 PROJECT is hereby designated as CITY. 3. The Project Engineer for PROJECT 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 construction. 6. The work shall be subject at all times to inspection by the authorized representatives of both parties. 7. Funds to be used for PROJECT: a. The estimated cost of PROJECT covered by this agreement is: follows: Design Engineering: $ 31,900 Construction Contract 426,400 Construction Engineering: 41,700 Total: $500,000 b. On the basis of the above estimate, PROJECT will be financed as COUNTY Funds: (MAXIMUM) $155,000 CITY Matching Funds: 155,000 CITY Funds:* 190 000 Total: $500,00 0 * For 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 (50X), CITY fifty percent (50X), 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 tventy -five percent (25X) 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 COUNTY gas tax funds declared by the Controller to have been expended on ineligible construction. -2- AHFP #1314 g. Any fund s1 pent prior to July 1, 1989 shalt not be considered in the final accounting of PROJECT. 8. Funds allotted by COUNTY for PROJECT shall revert to the Road Funds Undesignated Construction Account in the event CITY fails, for any reason, to advertise and award the contract for PROJECT prior to November 30, 1992 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 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 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. IT IS MUTUALLY UNDERSTOOD AND AGREED: 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. -3- AHFP #1314 IN WITNESS AEOF, 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 vritten opposite their signatures, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively. CITY OF NEWPORT BEACH, a municipal corporation Dated: / 0�3 , 1 By Mayor ATTEST: APPROVED AS TO FORM ty Attorney COUNTY OF ORANGE, a political subdivision of the State of California Dated: ©A06 —N b , 199"— By SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM THI$ DOCUMENT HAS BEEN DELIVERED TO TERRY ANDRUS, COUNTY COUNSEL THE CHAIRMAN OF THE BOARD. ORANGE COUNTY, CALIFORNIA Q 4 / I ). X CledPhyllis A. Henderson r " Deputy of the Board of Supervisors of Orange County, California 2AGir i. 7 1 �i C1 v Date -4- ' 2Ile, 14) COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT PROJECT #1314 MEMORANDUM OF AGREEMENT entered into BALBOA BOULEVARD this &�L day ofm(pQ� From 23rd Street 1911d -by and between: to 32nd Street 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 1991 -92 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 document on .file with the County Clerk, formally known as the County of Orange Arterial Highway Financing Program Procedure Manual; and WHEREAS, BALBOA BOULEVARD from 23rd Street to 32nd Street, a street included in the Orange County Master Plan of Arterial Highways, is a street of general COUNTY interest and was selected for improvement in accordance with the policies of the Arterial Highway Financing Program as contained in the AHFP Procedure Manual, and as shown by the approved AHFP project scope, plans and specifications on file with COUNTY's Environmental Management Agency. 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, as amended, by finding the PROJECT to be categorically exempt, a copy of which is on file with COUNTY; and -1- AHFP #1314 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 PROJECT is hereby designated as CITY. 3. The Project Engineer for PROJECT 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 construction. 6. The work shall be subject at all times to inspection by the authorized representatives of both parties. 7. Funds to be used for PROJECT: a. The estimated cost of PROJECT covered by this agreement is: follows: Design Engineering: $ 31,900 Construction Contract 426,400 Construction Engineering: 41,700 Total: $500,000 b. On the basis of the above estimate, PROJECT will be financed as COUNTY Funds: (MAXIMUM) $155,000 CITY Matching Funds: 155,000 CITY Funds:* 190,000 Total: $500,000 * For 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 (50Y,), CITY fifty percent (50 %), 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 (25 %) 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 COUNTY gas tax funds declared by the Controller to have been expended on ineligible construction. -2- ABFP #1314 g. Any funds spent prior to July 1, 1989 shall not be considered in the final accounting of PROJECT. 8. Funds allotted by COUNTY for PROJECT shall revert to the Road Funds Undesignated Construction Account in the event CITY fails, for any reason, to advertise and award the contract for PROJECT prior to November 30, 1992 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 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 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. IT IS MUTUALLY UNDERSTOOD AND AGREED: 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. -3- AHFP #1314 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. CITY OF NEWPORT BEACH, a municipal corporation Dated: /- 0�3 , 1919 By C- % /�. �> .d3.�A &V-e- Mayor ATTEST: APPROVED AS TO FORM City Attorney COUNTY OF ORANGE, a political subdivision of the State of California Dated: 19qc�- By Chai m Boa d of S—updni§o SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM THIS DOCUMENT HAS BEEN DELIVERED TO TERRY ANDRUS, COUNTY COUNSEL THE CHAIRMAN OF THE BOARD. ORANGE COUNTY, CALIFORNIA CleryPhyllis A. Henderson of the Board of Supervisors of Orange County, California Date /. -4- Deputy Y OF N G E • MICHAEL M. RUANE DIRECTOR, EMA KEN R. SMITH DIRECTOR OF TRANSPORTATION LOCATION: 901 CIVIC CENTER DRIVE SANTA ANA, CALIFORNIA MAILING ADDRESS: P.O. BOX 4048 ENVIRONMENTAL MANAGEMENT AGENCY SANTA ANA, CA 92702 -4048 Mr. Donald Webb Director of Public Works City of Newport Beach P. 0. Box 1768 Newport Beach, CA 92658 -8915 TRANSPORTATION TELEPHONE: (714) 834 -3455 FAX # 834 -5965 'OCT 2,3 FILE ATTENTION: Gil Wong SUBJECT: AHFP No. 1314, BALBOA BOULEVARD Mr. Webb: 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. DRB:drbll02213515693 Attachments cc: J. Bond (financial operations) er 'y 0 r , Roger Hoh baum, Manager Road Programs E OCT 2 6 199 BOARD OF SUPERVISOO ORANGE COUNTY, CALIFORNIA IA yY�1�f��■.i�el:N.i MINUTES PROGRAM (AHFP) PROJECT TY OF NEWPORT BEACH FOR r October 6, 1992 FROM 4.5Rli JrREEr TU JZNU 51•REE1•: Environmental Management Agency, on behal of the City of Newport Beach, requests approval of an arterial highway financing program project administration agreement which provides for pavement reconstruction of 0.38 miles of Balboa Boulevard from 23rd Street to 32nd Street. MOTION: On motion by Supervisor Vasquez, seconded by Supervisor Riley, the Board authorized execution of Arterial Highway Financing Program Project Administration Agreement No. 1314 with the City of Newport Beach. MOTION UNANIMOUSLY CARRIED. .'D 0 CT 15 1952 + FAA