HomeMy WebLinkAboutCC 6 AHFP PROJ 1294 02-01-93PL in A-,-; i ( --
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DATE: FEBRUARY 1, 1993
TO: WILLIAM A. HUSTON, CITY MANAGER
FROhft: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUGJECT: YORBA STREET AHFP PROJECT NO. 1294 - APPROVAL OF PROJECT
ADMINISTRATION AGREEMENT, APPROVAL OF PLANS AND SPECIFICATIONS
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RECOMMENDATION
It is recommended that the City Council, at their meeting of
February 1, 1993, authorize the Mayor and the City Clerk to execute
the attached project administration agreement; approve the 2plans
and specifications for the Yorba Street AHFP Project No. 19 an
authorize the City Clerk to advertise for bids.
BACKGROUND
The attached agreement is a standard County of Orange Arterial
Highway Financing Program Project Administration Agreement which
establishes the responsibilities of each agency along with the
procedures which must be followed during the administration of the
construction contract.
This project provides for the widening of the east side of Yorba
Street between First Street and Irvine Boulevard to secondary
arterial standards.
DISCUSSION
Once the City executes the Project Administration Agreement, the
Public Works Department will forward it to the County for execution
by the Orange County Board of Supervisors. After both agencies
have executed the agreement, the manager of the Transportation
Program Division will authorize the City to proceed with
advertisement of bids.
The engineer's estimate for this project is $138,206.75 with
funding being provided as follows:
AHFP .............................$ 32,730.50
CITY ..............................$105,476.25
TOTAL $135,206.75
The City currently has $170,000.00 budgeted for construction and a
capped AHFP budget of $58,000.00.
Yorba Street AHFP Project No. 1294
February 1, 1993
Page 2
The tentative construction schedule for this project is as follows:
City Authorization to Advertise for Bids .......... 2/01/93
County Authorization to Advertise for Bids ........ 2/17/93
1st Legal Advertisement...........................2/25/93
2nd Legal Advertisement...........................3/04/93
OpenBids.........................................3/23/93
City Council Award of Contract ....................4/'05/93
CommenceConstruction.............................4/26/93
Complete Construction.............................7/30/93
The above schedule is subject to adjustment based on the
authorization to advertise for bids from the County.
"N; Z � -, -/� , 4 " g, gv--,O�
Robert S. Ledendecker Jerr Otteson
Director of Public Works/ Associate Civil Engineer
City Engineer
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RESOLUTIOti NO. 93-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR YORBA
STREET AHFP PROJECT NO. 1294
WHEREAS, it is the intention of the City Council of the
City of Tustin, California to contract -construction for the
widening of Yorba Street from First Street to Irvine
Boulevard; and
WHEREAS, the City Engineer has presented plans and
specifications for the construction of said work:
NOW, THEREFORE, BE IT RESOLVED that the plans and
specifications presented by the City Engineer be and are
hereby approved as the plans and specifications for:
Yorba Street AHFP Project No. 1294
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to advertise, as required by law, for
the receipt of sealed bids or proposals for the doing of the
work specified in the aforesaid plans and specifications;
BE IF FURTHER RESOLVED that this project is categorically
exempt from the requirements of the California Environmental
Quality Act; Class I: Existing Facilities.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin held on the ist day of February
1993.
ATTEST:
City Clerk
Mayor
PROJECT #1294
YORBA STREET
From First Street
to Irvine Boulevard
WITNESSETH:
COUNTY OF ORANGE
ARTERIAL HIGHWAY FINANCING PROGRAM
PROJECT ADMINISTRATION AGREEMENT
MEMORANDUM OF AGREEMENT
this day of
19 by and between:
entered into
CITY OF TUSTIN, 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.
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 1990-91 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, YORBA STREET from First Street to Irvine Boulevard, 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 filing a Negative Declaration for the project, a copy of which is on
file with COUNTY; and
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AHFP #1294
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: $ 25,000
Construction Contract 1149000
Construction Engineering: 102000
Total: $149,000
b. On the basis of the above estimate, PROJECT will be financed as
COUNTY Funds: $ 47,000
CITY Matching Funds: 479000
,CITY Funds:* 18,000
DEVELOPER Participation 379000
Total: $1499000
* 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 twenty-five percent (25X) of thq 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.
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AHFP #1294
g. Any funds spent prior to July 1, 1988 shall not be considered in
the final accounting of PROJECT.
8. Funds allotted by COUNTY for PROJECT shall revert to the Arterial
Highway Financing Program in the event CITY fails, for any reason, to advertise
and award the contract for PROJECT prior to April 30, 1993 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.
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AHFP #1294
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:
ATTEST:
Dated:
19
CITY OF TUSTIN, a municipal
corporation
By _
Mayor
APPROVED AS TO FORM
City Clerk OC"ityktforney
19
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
Phyllis A. Henderson
Clerk of the Board of Supervisors
of Orange County, California
COUNTY OF ORANGE, a political subdivision
of the State of California
By
Chairman, Board of Supervisors
APPROVED AS TO FORM
TERRY ANDRUS, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
Date
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Deputy