HomeMy WebLinkAboutCC 7 AHFP 92-072 05-03-93TO: WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
FROM: ADMINISTRATION AGREEMENT BETWEEN THE ARTERIAL HIGHWAY
FINANCING PROGRAM, COUNTY OF ORANGE AND THE CITY OF TUSTIN FOR
SUBJECT: THE IMPROVEMENT OF WARNER AVENUE, FROM SR -55 FREEWAY TO RED
HILL AVENUE, AHFP 92-072
RECOMMENDATION
It is recommended that the City Council, at their meeting of May 3,
1993, authorize the Mayor to sign and the City Clerk to attest to the
attached subject agreement.
FISCAL IMPACT
The AHFP Administration Agreement provides for 50% funding of
eligible items in the amount of $105,600.00. The City has budgeted
funds for the street rehabilitation of Warner Avenue, in the FY 1992-
93 Capital Improvement Program. The City's portion, together with
funds from the City of Santa Ana, provides for the 50% matching
funds.
DISCUSSION
This will be a joint project with the City of Santa Ana. The City
Council will be considering, under a separate agenda item, approval
of plans and specifications and authorizing advertisement for bids
for the street rehabilitation of Warner Avenue between the SR -55
Freeway and Red Hill Avenue.
Administration Agreement, AHFP No. 92-072, details matching funds
from the three agencies (County, City of Tustin, City of Santa Ana)
and establishes project procedures with the City of Tustin as lead
agency. This agreement is subject to the approval of the City
Attorney.
Robert S. Ledendecker
Director of Public Works/
City Engineer
RSL:NM:klb:warnimp
Attachment
i
9 /
Nestor Mondok
Assistant Civil Engineer
CONSENT
CALENDAR NO. 7
5-3-93
Inter -Com
DATE:
MAY 3, 1993
TO: WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
FROM: ADMINISTRATION AGREEMENT BETWEEN THE ARTERIAL HIGHWAY
FINANCING PROGRAM, COUNTY OF ORANGE AND THE CITY OF TUSTIN FOR
SUBJECT: THE IMPROVEMENT OF WARNER AVENUE, FROM SR -55 FREEWAY TO RED
HILL AVENUE, AHFP 92-072
RECOMMENDATION
It is recommended that the City Council, at their meeting of May 3,
1993, authorize the Mayor to sign and the City Clerk to attest to the
attached subject agreement.
FISCAL IMPACT
The AHFP Administration Agreement provides for 50% funding of
eligible items in the amount of $105,600.00. The City has budgeted
funds for the street rehabilitation of Warner Avenue, in the FY 1992-
93 Capital Improvement Program. The City's portion, together with
funds from the City of Santa Ana, provides for the 50% matching
funds.
DISCUSSION
This will be a joint project with the City of Santa Ana. The City
Council will be considering, under a separate agenda item, approval
of plans and specifications and authorizing advertisement for bids
for the street rehabilitation of Warner Avenue between the SR -55
Freeway and Red Hill Avenue.
Administration Agreement, AHFP No. 92-072, details matching funds
from the three agencies (County, City of Tustin, City of Santa Ana)
and establishes project procedures with the City of Tustin as lead
agency. This agreement is subject to the approval of the City
Attorney.
Robert S. Ledendecker
Director of Public Works/
City Engineer
RSL:NM:klb:warnimp
Attachment
i
9 /
Nestor Mondok
Assistant Civil Engineer
COUNTY OF ORANGE
ARTERIAL HIGHWAY FINANCING PROGRAM
PROJECT ADMINISTRATION AGREEMENT
PROJECT #92-072 MEMORANDUM OF AGREEMENT entered into
WARNER AVENUE this day of ,
From SR -55 19 by and between:
to Redhill 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
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 1992-93, 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 formally known as the Orange County Combined Transportation Funding
Programs (OCCTFP) Procedures Manual for Fiscal Year 1992-93; and
WHEREAS, WARNER AVENUE from SR -55 to Redhill 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 in the OCCTFP Procedures
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 catagorically exempt, a copy of which is on file
with COUNTY; and
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AHFP # 92-072
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 Orange County Combined Transportation Funding Programs
Procedures Manual for Fiscal Year 1992-93, herein referred to as OCCTFP 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. COUNTY shall send CITY a Letter of Authorization to award the
contract. The Letter will specify the maximum allocation for the CITY which
shall be the lesser amount between the original project allocation and the
lowest responsible bid as selected by the CITY and adjusted up by 15% for design
and construction engineering costs and by 10% for contingencies.
a. The estimated cost of PROJECT covered by this agreement is:
Design/Construction Engineering: $ 25,000
Construction Contract: 167,000
Contingencies: 19,200
Total: $ 211,200
b. On the basis of the above estimate, PROJECT will be financed as
follows:
COUNTY Funds (MAXIMUM) $ 105,600
CITY Matching Funds: 58,100
OTHER Matching Funds:* 47,500
Total: 211,200
* City of Santa Ana funds.
c. After CITY has advertised and opened bids on PROJECT, CITY shall
provide COUNTY with copy of bid abstracts, name of lowest responsible bidder as
selected by the CITY and certification of plans, specifications and estimate
(PS&E).
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AHFP # 92-072
d. After CITY has received the Letter of Authorization to award
contract and after CITY has awarded contract, CITY may invoice COUNTY for 90% of
the allocation amount specified in the Letter of Authorization.
,e. After COUNTY has approved the Final Report for PROJECT, CITY may
invoice for the balance of allocated funds for which they are eligible. The
CITY is only eligible for the actual eligible PROJECT costs incurred and is
subject to the allocation limits stated above and in the Orange County Combined
Transportation Funding Programs Procedures Manual.
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.
g. Any funds spent prior to July 1, 1990 shall not be considered in
the final accounting of PROJECT.
8. Funds allotted by COUNTY for PROJECT shall revert to the Road Fund
Undesignated Construction account, in the event CITY fails, for any reason, to
award the contract for PROJECT within sixty (60) days of COUNTY's Letter of
Authorization to award, without COUNTY's prior consent.
9. This agreement shall become null and void in the event that CITY,
for any reason, awards PROJECT prior to the granting of Authorization to award
by COUNTY in accordance with the procedures set forth in this agreement and in
the Orange County Combined Transportation Funding Programs Procedures 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. 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; pursuaht 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.
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AHFF # 92-072
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.
MEM
AHFP # 92-072
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:
City Clerk
Dated:
19
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
-Gr1 s( �• I wl.�--�.
Deputy
4L01 Q
Date
-5-
Mr. Robert Ledendecker
City Engineer
City of Tustin
15222 Del Amo Avenue
Tustin, CA 92680
0 F
MICHAEL M. RUANE
DIRECTOR, EMA
KEN R. SMITH
DIRECTOR OF TRANSPORTATION
LOCATION:
300 N. FLOWER ST.
G E SEVENTH FLOOR
SANTA ANA, CALIFORNIA
- - . MAILING ADDRESS:
ENVIRONMENTAL MANAGEMENT -AGENCY P.O. BOX 4048
TRANSPORTATION SANTA ANA, CA 92702-4048
SUBJECT: ABFP #92-072; WARNER AVENUE
ATTENTION: Wisam Altowaiji
Dear Mr. Led cker,
TELEPHONE:
APR 2 7 1993-- (714) 834-3455
FAX # 834-5965
APR 2 . 1993
Attached are the (4) originals of the subject AHFP agreement.
Please have the agreements executed on behalf of the City and return (3)
originals to this office for further processing, together with a certified copy
of City Council minutes.
Please note that the date on the front page of the agreements will be written by
the Clerk of the Board of Supervisors.
A fully executed copy of the agreement will be mailed to you after action by the
Board of Supervisors.
Very trul urs
Roger A. Hohnbaum, Manager
Road Program
ORB: db
1121010425505
enclosures