HomeMy WebLinkAboutCC 4 AHFP # 1258 11-20-89TO:
WILLIAM HUSTON, CITY MANAGER
FROM' PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: PROJECT ADMINISTRATION AGREEMENT WITH COUNTY OF ORANGE FOR
JAMBOREE ROAD EXTENSION PROJECT, AHFP NO. 1258 ~
,
RECOMMENDATION:
For consideration by the City Council at their meeting of November 20,
1989. It is recommended . that the City Council approve a Project
Administration Agreement with the County of Orange for construction
funding of AHFP Project No. 1258 (Jamboree Road from Barranca Parkway to
Edinger Avenue) and authorize the May6r and City Clerk to execute the
agreement on behalf of the City.
BACKGROUND:
Execution of the subject Project Administration Agreement with the County
of Orange will enable the City of Tustin to receive upwards of $400,000
from the AHFP program to fund eligible construction work on the Jamboree
Road Extension Project.
Bob Ledendecker
Director of Public Works/City Engineer
BL:DRK:mv
Attach.
Dana R. Kas~an
Engineerin/q~ Se:
ices Manager
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COI~TY OF ORANGE
ARTERIAL HIGHWAY FINANCING PROGRAM
PROJECT ADMINISTRATION AGREEMENT
PROJECT #1258
JAMBOREE ROAD from
Barranca Parkway to
Edinger Avenue
MEMORANDUM OF AGREEMENT entered into this
day of
19 by and between:
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 1989-90 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 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, JAMBOREE ROAD, from Barranca Parkway to Edinger 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
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
AHFP No. 1258
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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
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; and
WHEREAS, CITY entered into an agreement with City of Irvine and the
Irvine Company to pay for the balance of fund not covered by AHFP.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
1. The Arkerial Highway Financing Program (AHFP) Procedure Manual
herein referred to shall be and is hereby made a part of this agreement.
CITY.
2. The Contracting Authority for PROJECT is hereby designated as
3. The Project Engineer for PROJECT is hereby designated as CITY.
CITY.
4. The Construction Engineer f~r PROJECT is hereby designated as
5. Ail 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:
Design Engineering:
Construction Contract:
Construction Engineering:
Total:
1,820,000
16,897,000
1,213,500
$ 19,930,500-~
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AHFP No. 1258
as follows:
b. On the basis of the above estimate, PROJECT will be financed
COUNTY Funds: (Maximum)
CITY Matching Funds:
OTHER Funds:
CITY of Tustin*
City of Irvine
The Irvine Company
Total:
$ 400,000
400,000
3,443,500
8,800,000
6,887,000
$ 19,930,500
*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 the COUNTY fifty percent (50%), 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.
g. Any funds spent prior to July 1, 1987 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'~vent CITY'fails, for any reason, to.advertis~
and award the contract for-PROJECT prior to June 30, 199]. 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.
i0. Upon acceptan'ce of the c~mpleted AHFP PROJECT by the awarding
authority or upon the contractor being relieve'd 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
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AHFP No. 1258
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.
'21-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 i~posed 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. 1258
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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 TUSTIN, a municipal corporation
Dated: , 19 By
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM
City .Attorney
COUNTY OF ORANGE, a political subdivision
of the State of California
Dated: , 19
By
Chairman, Board of Supervisors
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
APPROVED AS TO FORM
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
Deputy
Date
JMG:sahTP01-170(9102509210092)9303 -5-