HomeMy WebLinkAboutCC 11 AHFP 1293 12-02-91AG ENDA��-� �1
vATE:
TO:
FROM:
SUBJECT:
NOVEMBER 25, 1991
WILLIAM A. HUSTON, CITY MANAGER
.ONSENT CALENDAR NO. 11
12-2-91
Inter -Corn
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
YORBA STREET - FIRST STREET TO IRVINE
RIGHT-OF_WAY BOULEVARD AHFP NO. 1293
RECOMMENDATION
That theTity Council,
Mayor and Cit by Minute Motion, approve
y Clerk to execute subject agreement,
eement and authorize the
DISCUSSION
AHFP No, 1293 is a cooperative
and the City of Tustin to acquire project between the Count
the east side ofright-of-way Y of Orange
Boulevard. Yorba Street between First Street widening of
and Irvine
The acquisition of three
County and the parcels is included in the
Project.
acquisition. City have each budgeted $94The
,000.0
0 for the
Funds for the
Improvement Program.ject are included in the 1991-
92 Capital
Robert S. Ledendecker
Director of Public Works/City Engineer
g neer
RSL:k1b:N01293
COUNTY OF ORANGE
ARTERIAL HIGHWAY FINANCING PROGRAM
PROJECT ADMINISTRATION AGREEMENT
PROJECT #1293 MEMORANDUM OF AGREEMENT entered into this
YORBA STREET from day of
First Street to 19_ by and between: '
Irvine Boulevard
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 reair of
streets within a city; and p
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 Arterial Highway System known as the Arterial Highway Financing Program;
ram•
g
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, the Orange County Board of Supervisors on November 5, 1958,
has by formal resolution adopted the formal procedure for the administrate
on
the Arterial Highway Financing Program, as revised, which procedure is outlinedd
in a document on file with the County Clerk, formally known as the Count of
Orange Arterial Highway Financing Program Procedure Manual; and y
WHEREAS, it is mutually agreed between the parties that YORBA 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
AHFP Procedure Manual, and as shown b p
the a the
pject
documents on file with COUNTY's Environmental Management Agency. application
such improvement shall be referred to hereinafter as PROJECT; and Said work of
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AHFP No.1293
WHEREAS, CITY, as Lead Agency, has completed the environmental
assessments as required by the California Environmental Quality Act of 1970, as
amended, by approving a Negative Declaration for PROJECT, a copy of which is on
file with COUNTY; and
Clerk; and WHEREAS, CITY has filed the Notice of Determination with the County
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. PROJECT is originated for the purpose of acquiring right-of-way.
Construction shall be scheduled in subsequent fiscal programs as soon as funds
become available.
3. The Project Engineer in charge of right-of-way acquisition for
PROJECT is hereby designated as CITY.
4. PROJECT shall be subject at all times to review by the authorized
representatives of both parties.
5. Right-of-way to be acquired and geometric standards for PROJECT
shall be mutually agreed upon by the parties hereto by the approval of
preliminary plans prior to expenditure of funds.
6. All acquisitions of real estate shall be performed pursuant to
Public Law 91-646, if applicable, and Chapter 16, Division 7, Title I of the
California Government Code (Uniform Acquisition and Relocation Assistance
Procedures).
7. Funds to be used for PROJECT:
a. The estimated cost of PROJECT covered by this agreement is:
Survey and Plans: $22,000
Right -of -Way Acquisition: 166,000
Total: $188,000
as follows: b. On the basis of the above estimate, PROJECT will be financed
COUNTY Funds: $94,000
CITY Matching Funds: 94,000
Total: '�--
$188,000
C. If after appraisals have been made and acquisition actions
initiated it appears that the project estimate will exceed the original
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AHFP No -1293
allocation, the Project Engineer shall follow the procedures as set forth in the
AHFP procedure manual for Adjustment of Allocation.
d. Final adjustments of PROJECT's costs will be made on the basis
of the COUNTY fifty percent (50X), the CITY fifty percent (50X) on eligible
items up to the maximum COUNTY AHFP allocation.
e. Any funds spent prior to July 1, 1988 shall not be considered
in the final accounting of PROJECT.
f. Funds allotted by COUNTY shall revert to the Arterial Highway
Financing Program if the right-of-way to be acquired is not in escrow or under
condemnation by June 30, 1992.
8. 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 No.1293
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:
CITY OF TUSTIN, a municipal
corporation
19_ By
19
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
Linda D. Ruth
Clerk of the Board of Supervisors
of Orange County, California
RH:drb1111311002919
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
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Deputy
Date