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HomeMy WebLinkAboutCC 8 IMPROV RED HILL 09-21-92PA rt A - I -1 ) � CONSENT CALENDAR NO. 8 9-21-92 Inter-Comft;S�,�/ - A,TE: SEPTEMBER 21, 1992 TO: WILLIAM A. HUSTON, CITY MANAGER FROM; PUBLIC WORKS DEPARTMENT/ENGINEERING BETWEEN THEEE ADMINISTRATION ARTERIAL HIGHWAY FINANCING PROGRAM, SUBJECT: COUNTY OF ORANGE AND THE CITY OF TUSTIN FOR T P W M ROV NO. OF RED HILL AVENUE FROM WARNER AVENUE TO VALENCIA AVENUE C RECOMMENDATIONS: It is recommended that the City Council,to g t their meeting of September 21, 1992, authorize the Mayor sign and the City Clerk to attest to the attached subject agreement. BACKGROUND: The agreement provides for the improvement of Red Hill Avenue from Warner Avenue to Valencia Avenue. The scope of the project is to reconstruct and/or rejuvenate and resurface the highway pavement. Related work on the project will include traffic signal modification, traffic striping and pavement markers, detection loops, sidewalk and curb and gutter repair and adjustment of manholes and water valves to grade. The estimated engineering and construction cost of the project is $505,000.00. This project has been approved by Orange County, Arterial Highway Financing Program for 50%funding of budgetedligible City items in the amount of $204,000.00 and the C y in the amount of $299,600.00 in the 191-192 Program (C.I.P.) budget with carryover planned the C.I.P. budget. The City Council previously approved plans and specifications and authorized bids for this project at their meeting of September 81 1992. The City Attorney's office has reviewed and approved the subject agreement. Robert Ledendecker Director of Public Works/ City Engineer RL:WA:ccg:adminagr Wisam Altowaij i Associate Civil Engineer COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT PROJECT #1321 MEMORANDUM OF AGREEMENT entered into RED HILL AVENUE this day of From Warner Avenue 19_ by and between: to Valencia Avenue 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. 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 i desires, to expend funds apportioned to t 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, andmaintenance of a County -wide Arterial Highway System known as the Arteri gig Y Program; andby appropriate WHEREAS, the Orange County Board fiscalvYears1991�92 funds for the action, provided in the Road Budget 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 November 5, 1958, has by WHEREAS, Orange County Board of Supervisors on 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 Y of Orange Arterial Highway Financing Program Procedure Manual; and WHEREAS, RED HILL AVENUE from darner Avenue to Valencia Avenue, 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 inthe 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 theassessments 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 #1321 WHEREASCITY 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 the WHEREAS, CITY has reviewed PROJECT for conformance applicable requirements of Section 65402 of the California Government Code and app local ordinances and CITY has acted as required. NOW,`THEREFORE, IT IS AGREED by the parties hereto as follows: Procedure Manual 1. The Arterial Highway Financing Program Hof)this agreement. herein referred to shall be and is hereby made apart 2. The Contracting Authority for PROJECT is hereby designated as CITY. 3. The Project Engineer for PROJECTeisbherebygnateddesignated as CITY. 4. The Construction Engineer for PROJECT 5. All soils engineering and material and construction testing include necessary for PROJECT shall be performed by COUNTY. Th is shall preliminary soils investigations, structure foundation investigations, quality recommendations for structural sections and compaction control of materials and construction. 6. The work shall be subject at all times to inspection by the authorized representatives ofo�t parties. 7. Funds to be used f a. The estimated cost of PROJECT covered by this agreement is: follows: Design Engineering: $ 489000 Construction Contract 433,000 Construction Engineering: 249000 Total: $505,000 b. On the basis of the above estimate, PROJECT will be financed as COUNTY Funds: $2049000 CITY Matching Funds: 204,000 CITY Funds:*97,000 Total: $5051000 * For items not eligible for AHFP participation ears that PROJECT's C. If upon completion of detailed design, it app estimate will exceed the original allocation, the Contracting for tority shall ll follow the procedures set forth in the AHFP Procedure ManuaAdjustment of Allocation. below, final adjustments of PROJECT's d. Except as noted in (e) o , CITY lift costs will be made on the basis of COUNTY fifty percent (50%) y percent 50X), on eligible items in the contract up to the maximum COUNTY AI1FP allocation. e. COUNTY participation in longitudinal storm drain costs shall not exceed a maximum of twenty-five percent (25X) of the total cost of eligible storm drain construction.with all f. It is the intent of the parties e of tatetGocomply asTaxFunds. Eligibility applicable rules regarding the esubnectuto final audit and determination by the of any storm drain item will be State Controller's Office. Any future adjustment required by said Condsotoer's Office shall be made by CITY with CITY funds, including ollereto have been refu COUNTY of any COUNTY gas tax funds declared by the expended on ineligible construction. _2_ AHFP #1321 8Y An 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 tols, for the Road ,Funds Undesignated Construction Account in the E�ntriorCITY toallovember 30y 1992 and CITY advertise and award the fcornanact for expendiRures incurred by COUNTY in connection shall reimburse COUNTY Y 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 fort in the Arterial Highway Financing Program Procedure oced rePROJECT•by the awarding 10. Upon acceptance of the completed authority or upon the contractor being relieved of the responsibilitmafor maintaining and protecting certain portions of the work , CITY shaintain PROJECT or such portions of the work in a manner satisfactory to PROJECT or any within ninety (90) days after receipt of ntainedice from CITYOhasYthat not remedied the portion thereof is not being properly mai may withhold the conditions complained of to COUNTY's sats=oanofCCITYYuntil PROJECT shall programming or approval of further AHFP projects have been put in a condition of maintenance satisfactory toreCOUNTY. Theservation the maintenance referred to herein shall include none nly andthe surfacing, but also general physical feature of the i,andaappurtenances built into PROJECT. safety and regulatory features, devces 11. County -wide Extension of Arterial System: To promote uniformity of County Arterial Highway System with City promulgation of Master Plan of Major Streets, brerocedurecontinue Manual. the AHFP as outlined in the afomentioned P IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. Pursuant to and in accordance with Sect ion 10532 °f the nditureslof°State Government Code, in the event that this Contract involves the parties shall funds aggregating in excess of ten thousand dollars 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 employeethereof ofeanythingll be done or responsible for any damage or liability connection withanywork, authority or omitted to be done by CITY under or jurisdiction delegated to CITY under this agreement. It is also untood and agreed that, pursuant to Government Code Section 895.4, CITY s fully indemnify, defend and hold COUNTY harmless from any liability imposed foranyinjury (as , occurring b (as defined by Government Code Section 810 8) g Y reason hing done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY officer employee agreement. gr em nt.eof shall be 3. That neither CITY nor any occurrin reason of anything done or responsible for any damage or liabilityn connectgbon any work, authority or omitted to be done by COUNTY under or i ion not delegated to CITY under this agreement. it is also understood jurisdiction COUNTY shall fully and agreed that, pursuant to Government CodeSection imposed for injury indemnify, defend and hold CITY harmless f occurring b reason of anything 8 Y (as defined by Government Code �eUNTY unde0r•or,in connection with any work, done or omitted to be done by C authority or jurisdiction not delegated to CITY under this agreement. -3- AHFP #1321 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 y itsCto be executed by the Chairman of its Board of Supesviallsorsthereuntosdulyanattetedbauthorized by on the dates wrtten nd theopposite Boardtheir Supe�visors, respectively. the City Council Dated: , 19_ ATTEST: City Clerk Dated: , 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 CITY OF TUSTIN, a municipal corporation By Mayor APPROVED AS TO FORM City Attorney 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 -4- 'tk . Deputy