HomeMy WebLinkAboutCC 12 AHFP NO. 1199 12-21-87L
FROM:
SltJBJECT:
WILLIAM HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
PROJECT ADMINISTRATION AGREEMENT WITH ORANGE COUNTY FOR AHFP
PROJECT NO. 1199, NE CORNER OF RED HILL AND WALNUT AVENUES
RECOMMENDATION
That the City Council approve a Project Administration Agreement with
a.range County and authorize Mayor and City Clerk to sign.
BACKGROUND --
Orange County has allocated $180,000 toward surveys, plans and right-
of-way acquisition for .this project under the Arterial Highway
Financing Program (AHFP).
The County requires that for each AHFP Project an Administration
Agreement be entered into which spells out the responsibilities of
both parties and the funding commitment. The County's share of the
project cost is 50% of all eligible items.
The City's share of the cost as included in the 1987-88 FY Budget.
The appraisal report for the right-of-way acquisition has been
submitted to the County EMA for review and approval. When their
approval has been received the City will be able to open negotiations
with the property owner.
Bob Ledendecker
Director of Public Works/City Engineer
ER~ '~nledeErin~°slef~ ices Manager
BL/REW/bf
Attach.
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COUNTY OF ORANGE
ARTERIAL HIGHWAY FINANCING PROGRAM
PROJECT ADMINISTRATION AGREEMENT
PROJECT: 91199
Red Hill Avenue at
Walnut Avenue
(N'ely side)
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 Fund for
aid to the 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 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 1986-87 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
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A~FP No. 1199
W~EREAS, it is' mutually agreed between the parties that Red Hill Avenue at
Walnut Avenue (N'ely side), a street included in the Orange County Master Plan of
Arterial High. ways, is a street of general COUNTY interest and should be improved in
accordance with the policies of the Arterial Highway Financing Program as contained
in the A~FP Procedure Manual, and as shown by approved AHFP project application
documents on file with COUNTY's Environmental Management Agency. Said work of such
improvement shall be referred to hereinafter as PROJECT; and
W~EREA$, CITY, as Lead Agency, has completed the environmental assessments
as required by the California Environmental Quality Act of 1970 by approving a
negative declara.tion for PROJECT, a copy of which is on file 'with COUNTY; and
WI~EREAS, CITY has filed the Notice of Determination with the County Clerk;
and
W~EREAS, no additional environmental documents are required for compliance
with the California Environmental Quality Act; and
WI~EREAS, 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, T~EREFORE IT IS AGREED by the parties hereto as follows:
1. The Arterial Highway Financing Program (AHFP) Procedure Manual herein
referred to shall be 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
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AHFP No. 1199
be mutually agreed upon by the parties hereto by the preparation of a project report
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: $ 30,000
RIGHT-OF-WAY ACQUISITION: 330,000
TOTAL: $ 360,000
b) On the basis of the above estimate, PROJECT will be financed as
follows:
COUNTY FUNDS: $ 180,000
CITY FUNDS: 180,000
TOTAL: $ 360,000
(c) If after appraisals have been made and acquisition actions
initiated it appears that the project estimate will exceed the original 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 (50%), the CITY fifty percent (50%) on eligible items up to
the maximum COUNTY AHFP allocation.
(e) Any funds spent prior to July 1, 1984 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 July 1, 1988.
8. County-wide extension of the Arterial System:
To promote uniformity of the County Arterial Highway System with the
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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 respon-
sible 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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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
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. ROBERTS
Clerk of the Board of Supervisors
of Orange County, California
II!
III
III
TR: rmPWT02-62
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
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