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HomeMy WebLinkAboutNB 4 SEVENTEENTH ST. 10-06-86TO: FROM: SUBJECT: WILLIAN HUSTON, CITY MANAGER PUBLIC WORKS DEPARTNENT/ENGINEERING DIVISION SEVENTEENTH STREET BETWEEN COSTA ~ESA FREEWAY TO PROSPECT AVENUE (NORTH) - FILE ~2353 RECOMMENDATION: For the City Council meeting of October 6, 1986. Pass and adopt attached Resolution requesting the County of Orange to increase the allocation for the Arterial Highway Financing Program for the development of Seventeenth Street between the Costa Mesa Freeway and Prospect Avenue (north). - Approve A.H.F.P. Project Administration Agreement No. 1173 and authorize Mayor to execute same subject to City. Attorney's final review. - Authorize a supplemental budget appropriation for 1986-87 fiscal period in the amount of $87,700.00. BACKGROUND: In November, 1984, the City Council approved the City's 1985-86 fiscal year County of Orange Arterial Highway Financing Program (A.H.F.P.) project application for street improvements along Seventeenth Street between the Costa Mesa Freeway (Rte. 55) and Prospect Avenue {north). The County Board of Supervisors in May, 1985 declared this street improvement project eligible for' the 1985-86 program. Initial costs and funding distribution for this project was estimated as follows in November, 1984: County A.H.F.P. - ..... ~ .......... $ 67,500 County Non-A.H.F.P. - ......... ?-- 13,900 City A.H.F.P. - .................. 67,500 City Non-A.H.F.P. - .............. 115,800 Total Estimated Cost ........ $264,700 The Arterial Highway Financing Program participates on a fifty (50) ~ercent basis with the local agency on all A.H.F.P. eligible construction items as outlined in the current A.H.F.P. procedure manual. All non-eligible items would be funded 100% by either the local agency or County of Orange depending upon jurisdictional limits of the project. SEPTEMBER 29, 1986 PAGE TWO This street improvement project extends from the Costa Mesa Freeway on the west to Prospect Avenue (north) on the east and consists generally of the following improvements: ° Removal and replacement of deteriorated pavement at various locations Removal and replacement of damaged curb and gutter at various locations ° Installation of raised median with decorative concrete, between existing islands and Prospect Avenue (north) ° Asphaltic concrete overlay on entire street ° Traffic striping and signing In addition to the above, the intent of this project was to remove all on-street parking in the segments of Seventeenth Street which are improved as a primary arterial highway classification to provide three travel lanes in each direction. DISCUSSION: Plans and specifications for the subject project have been completed and submitted to the County A.H.F.P. for their review. The scope of the project has increased in the area of pavement removal and replacement due to the rapid deterioration of the existing substandard pavement sections. This increased scope of work results in a revised estimate cost as follows: County A.H.F.P. - ................ $105,000 County Non-A.H.F.P. - ............ 8,000 City A.H.F.P. - .................. 97,000 City Non-A.H.F.P. - .............. 174,000 Revised Total Estimated Cost -- $384,000 The County has reviewed their total extra cost of $21,600 and approved same. The total extra cost to the City's share of funding is $87,700 and requires an official action, adoption of a City Council Resolution (attached) requesting an increased allocation for the project. Due to ~he importance of this project as both a street maintenance and capacity increasing project, staff recommends a supplemental appropriation of $87,700 in 1986-87 fiscal period to complete this work. Funding can be derived from either general fund or gasoline tax monies, whichever is available. Approximately $34,000 of the City's share (A.H.F.P. and non-A.H.F.P.) is made up of staff engineerng and inspection which has already been budgeted in the salary accounts. The additional net fiscal impact would be $53,700. SEPTEMBE'R 29, 1986 PAGE THREE Also attached, is a copy of the standard County of Orange A.H.F.P. Project Administration Agreement No. 1173 for approval and execution by the Mayor. This agreement has been sent concurrently to the City Attorney's office for review and approval. Staff is requesting City Council approval of this agreement subject to the City Attorney's final comment/approval. The City has executed similar type A.H.F.P. agreements on previous Pnojects throughout the years. Bob Ledendecker Director of Public Works/City Engineer BL:jm Attachment 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 86-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCREASE THE ALLOCATION FROM THE ARTERIAL HIGHWAY FINANCING PROGRAM FOR THE DEVELOPMENT OF SEVENTEENTH STREET BETWEEN THE COSTA MESA FREEWAY AND PROSPECT AVENUE (NORTH) WHEREAS, the City of Tustin desires to improve Seventeenth Street between the Costa Mesa Freeway and Prospect Avenue (north), and WHEREAS, Seventeenth Street is an important arterial highway in the County of Orange and of general County interest, and WHEREAS, Article 2 and Article 3, Chapter 9, Division 2 of the Streets and Highways Code authorizes a County, if it so desires, to expend funds apportioned to it out of the California Highway Users Tax Fund for aid to any City in the improvement, construction, or repair of a street within a City, and WHEREAS, the Board of Supervisors did include in the 1985-86 Fiscal Year Budget Funds for the improvement of Seventeenth Street as Project No. 1173 in the Arterial Highway Financing Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tustin hereby requests the Board of Supervisors of the County of Orange to increase their allocation to the City from County funds to City, to be used to aid said City in the improvement of Seventeenth Street between the Costa Mesa Freeway and Prospect Avenue (north). BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Orange is hereby requested to find that said work on Seventeenth Street i.n the manner provided, is in the general County interest. BE IT FURTHER RESOLVED that, by this Resolution, the City of Tustin agrees with the basic precepts and policies of the Arterial Highway Financing Program. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 6th day of October, 1986. Donald J. Saltarelli Mayor ATTEST: Mary E. Wynn City Clerk 6 7 8 9 10 11 2 13 14 15 16 17 18 19 2O 21 22 23 ~4 25 26 27 COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT PROJECT % 1173 MEMORANDUM OF AGRE~'%Ff entered into this SEVENTEENTH STP. EET day of , from Yorba Street North to 19 by and between: Prospect Avenue North 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 W~EREAS, 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 1985-86 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 on AHFP No. 1173 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 2O 21 22 23 - ~.4 25 26 27 28 file with the County Clerk, formally known as the County of Orange Arterial Highway Financing Program Procedure Manual; and w~REAS, the Orange County Board of Supervisors by Minute Order dated March 12, 1985, set a policy that the County of Orange will be an eligible recipient for AHFP funds on the same basis as local cities; and W~L~I~AS, it is mutually agreed between the parties that SEVENTEENTH STREET from Yorba Street (north) to Prospect Avenue (north), a street included in the Orange County Master Plan of Arterial Highways, 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 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, which includes work within an incidental portion of unincorporated COUNTY territory, shall be referred to hereinafter as PROJECT; and WHEREAS, the Orange County Board of Supervisors has, by appropriate action, provided in the Road Budget for the Fiscal Year 1985-86 funds for the improvement of the incidental portion of PROJECT within the unincorporated area of COUNTY; and WHEI~EAS, CITY, as Lead Agency, has completed the environmental assessments as required by the California Environmental Quality Act of 1970 by approving a categorical exemption for PROJECT, a copy of which is on file with COUNTY; and W~n~REAS, CITY has filed the Notice of Determination with the County Clerk; and W~i~I~EAS, 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. III -2. A~FP No. 1173 1 2 3 4 5 6 7 8 9 10 11 2 13 14 15 16 17 18 19 20 21 22 23 ~4 25 26 27 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. 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. Funds to be used for PROJECT: a. The estimated cost of pROJECT covered by this agreement is: follows: DESIGN ENGINEERING: CONSTI~3CTION CONTRACT: CONSTRUCTION ENGINEERING: $ 32,000 336,000 16,000 TOTAL: $ 384,000 b. On the basis of the above estimate, PROJECT will be financed as COUNTY AHFP FUNDS: COUNTY ROAD FUNDS :* CITY MATCHING FUNDS: ** CITY FUNDS: 105,000 8,000 97,000 174,000 TOTAL: $ 384,000 *COUNTY matching funds for work in unincorporated territory **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. 1 2 3 4 AHFP No. 1173 5 6 7 8 9 10 11 ~3 14 15 16 17 18 19 20 21 22 23 -24 z5 26 27 d. Except as noted in (e) below, final adjustments of PROJECT's costs will be made on the basis of COUNTY fifty percent (50%), CITY fifty percent (50%), on eligible items in the Contract which are within the CITY boundaries, and on the basis of COUNTY AHFP funds fifty percent (50%), COUNTY ROAD funds fifty percent (50%) on eligible items in the Contract which are in unincorporated COUNTY territory 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, 1983 shall not be considered in the final accounting of PROJECT. 8. This agreement shall become null and void in the event CITY fails, for any reason, to advertise and award the contract for PROJECT prior to June 30, 1987 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. 10. CITY shall: a. Promptly notify DIRECTOR EMA upon award of the PROJECT construction contract and furnish DIRECTOR EMA with a summary of the contract bids, a cost --4-- 1 2 3 4 AHFP No. 1173 5 6 7 8 9 10 11 13 14 15 16 17 18 19 2O 21 22 23 ~ ~4 25 26 27 breakdown for COUNTY's share of construction costs and a construction schedule, and shall keep DIRECTOR EMA informed of any revisions in said schedule. b. During the period of construction, have jurisdiction over the construction area including that portion within COUNTY territory. c. Obtain the written concurrence of DIRECTOR EMA prior to issuing PROJECT change orders affecting PROJECT design for portions of PROJECT within COUNTY territory or any items eligible for AHFP participation. d. Not accept improvements under the contract for PROJECT until DIRECTOR EMA approves, in writing, the construction as it affects the operations and maintenance of PROJECT within COUNTY territory. e. Upon submittal of the Final Report, furnish DIRECTOR EMA one set of reproducible mylar or acetate as-built construction drawings for all portions of PROJECT within unincorporated COUNTY territory, and a copy of PROJECT Notice of Completion. 11. The portion of PROJECT within unincorporated COUNTY territory shall be determined according to boundaries existing at the time PROJECT's Notice of ComDletion is filed. 12. 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. If, 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. ARFP No. 1173 5 6 7 8 9 10 11 2 13 14 15 ~6 17 18 19 2O 21 22 23 ~'~.4 25 26 27 28 13. 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 ARFP 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 o~itted 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. ARFP No. 1173 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 25 26 27 IN WITNESS W~EREOF, 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 APPROVED AS TO FORM: 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 TflAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CRAIRMAN OF TfIE BOARD. LIN-DA D. ROBERTS Clerk of the Board of Supervisors of Orange County, California /// III //I SA: bhPI~7 4-1 6258 APPROVED AS TO FORM ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA ~)ate