HomeMy WebLinkAboutCC 8 AHFP PROJ NO. 1064 02-1-82DATE 26, 1982 Inter- Corn
TO:
WILLIAM HUSTCN, CIT~ MANAGER
FROM: DALE WICK, ASSISTANT CIT~ ENGINEER
S USJ ECT:
PRO3ECT ADMINISTRATIQ~ ~REEMENTS Ff~R RED HILL AVENUE
AHFP PROJECT NO. 1064 ASD COfL~ERATIVE PRO/ECT NO. D82-002
RECC~DATICN:
It is recommended that the City Council, at their meeting of February 1, 1982, by
Minute Order, approve the attached subject agreements and authorize the Mayor to
sign and the City Clerk to attest to AHFP Agreement No. 1064 and Cooperative
Project Agreement No. D82-002.
BACKGR(IA~D:
Subject agreements provide for the rehabilitation and reconstruction of asphalt
concrete pavement on Red Hill Avenue between Lance Drive and Irvine Blvd.
The agreement for AHFP Project No. 1064 provides for those portions of Red Hill
Avenue within City territory whereby 50% of the costs are to be picked up by
County AHFP funds and 50% by City funds.
Agreement No. D82-002 provides for that~ portion of Red Hill Avenue within Co~ty
territory whereby 100% of the costs wil~ be picked up by Orange County Road
Depart~ent funds.
These agreements represent $110,800.00 in County funds which have been allocated
to the City for this project. A copy of these agreements were forwarded to the
City Attorney for his review.
DAr.~. A. WICK
ASSISTANT CIT~ ~GINEER
db
Attachment
cc: City Clerk
City Attorney
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COUNTY OF ORJHNGE
ARTERIAL HIGHWAY FINANCING PROGRAM
PROJECT ADMINISTRATION AGREEMENT
PROJECT # 1064 b~MOP. ANDUM OF AGREEMENT entered into
this day of ,
Red Hill Avenue between 19 by and between:
Lance Drive and Irvine
Boulevard CITY OF TUSTIN, a municipal corporation,
hereinafter referred to as the City,
and
COUNTY OF ORANGE, a political subdivision
of the State of California, hereinafter
referred to as the County.
WITNESSETH:
WHEREAS, the Board of Supervisors by Resolution of May 31, 1956 adopted
the Master Plan of Arterial Highways to serve the entire County including the incor-
porated 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 Arterial
highway System known as the Arterial Highway Financing Program; and
~HEREAS, the Board of Supervisors has, by appropriate action, provided in
the Road Budget for the Fiscal Year 1981-82 funds for the improvement of streets
within the incorporated cities of the County, which streets are a part of the County's
Master Plan of Arterial Highways; and
WHEREAS, the Board of Supervisors on November 5, 1958 has by formal resolu-
tion aaopted 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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1 WtlEREA$, it is mutually agreed betweem the parties that Red Hill Avenue
2 between Lance Drive and Irvine Boulevard, a street included in the Orange County
3 Master Plan of Arterial Highways, is a street of general County interest and should
4 be improved in accordance with the policies of the Arterial Highway Financing
5 Program, as contained in this AHFP Procedure Manual. Said work of such improvement
6 shall be referred to hereinafter as the Project; and
7 WtiEtLEA~, the City, as Lead Agency, has completed the environmental assess-
5' ments as required by the California Environmental Quality Act of 1970 by approving a
9 Categorical Exemption for the Project, a copy of which is on file with the County;
10 and
11 WHEREAS, the City has filed the Notice of Determination with the County
12 Clerk; and
13 WREP. EAS, no additional environmental documents are required for compliance
14 with the California Environmental Quality Act; and
15 WHEREAS, the City has reviewed Project for conformance with the requirements
16 of Section 65402 of the California Government Code and applicable local ordinances and
17 City has acted as required.
18 NOW, IHEP. EFORE, IT IS AGREED by the parties hereto as follows:
19 1. The Arterial Highway Financing Program (AHFP) Procedure Manual herein
20 referred to shall be and is hereby made a part of this agreement.
21 2. The Contracting Authority Ior the Project is hereby designated as the
22 City.
23 3. The Project Engineer for the Project is hereby designated as the City.
24 4. The Construction Engineer for the Project is hereby designated as the
25 C~y.
26. 5. Ail soils engineering and material and construction testing necessary
27! for the Project shall be performed by the County. This shall include preliminary
~8 soils investigations, structure foundation investigations, recommendations for
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structural sections and compaction requirements, and quality control of materials
and construction.
6. The work shall be subject at ail times to inspection by the authorized
representatives of both parties.
7. ~unds to be used for the Project:
(a) The estimated cost of the Project covered by this agreement is:
DESIGN ENGIhLLK1NG: $ 13,400
CONSTRUCTION CONTRACT: 163,000
CO~STRDCIION ENGI£~EEKING: 15,000
TOTAL: $ 191,400
(b) On the basis of the above estimate, this Project will be financed
as follows:
* Items
COUNTY FUI~DS: $ 77,000
CITY FUNDS: 77,000
*CITY f~UNDS: 2,400
**COUi~TY ~'UNDS: 35,000
TOTAL: $ 191,400
not eligible ~or AHFP participation
** Items covered by Cooperative Agreement No. D82-002
(c) If upon completion of detailed cesign, it appears that the Project
estimate ~iil exceed the original allocation, the Contracting Authority shall follow
the Froce~ures set forth in the ~H~P Procedure P~anual ~or Adjustment of Allocation.
(d) Except as noted in (e) below, ~inai adjustments of Project costs
will be ma~e on the basis of the County ri:ty percent (56%), the City £ir~y percent
(50%) on eligible items in the Contract up to the maximum County AhFP allocation.
(e) County participation in longitudinal stork drain costs shall not
exceed a maximum of twenty-five (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 ~unds. ~iigibility of any storm
~rain item will be subject to final audit and determination by the State Controller's
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Otfice. Any future adjustment required by said Controller's Office shall be made by
the City with City funds, including complete refunds to the County of any County gas
tax ~unds declared by the Controller to have been expended on ineligible construction.
(g) Any funds spent prior to July 1, 1979 shall not be considered in
the final accounting of this Project.
8. This agreement shall become null and void in the event the City fails,
for any reason, to advertise and award the contract for the Project prior to
June 30, 1983 and the City shall reimburse the County for any expenditures in~urred
by the County in connection with said Project.
9. This agreement shall become null and void in the event that the 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 High-
way Financing Program Procedure Manual.
i0. Upon acceptance of the completed AHFP Project by the awarding authority
or upon the contractor being relieved of the responsibility for maintaining and pro-
tecting certain portions of the work, City shall maintain the 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 the Project or any portion thereof is not being
properly maintained, City has not remecied the conditions complained of to County's
satisfaction, County may withhold ~he programming or approval of further AhFP projects
of City until the Project shall have been put in a condition of maintenance satis-
factory 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 the
Project.
11. County-wide extension of Arterial System:
To promote uniformity of County Arterial Highway System with City
~ster Plan of ~jor Streets, both parties agree to continue the promulgation of the
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AIiFP as outlined in the aforementioned Procedure b~nual.
IT IS MUTUALLY UNDERSTOOD AND AGREED:
1. That neither County 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 City under or in connection with any work, authority or jurisdiction dele-
gated 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 ~lability 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.
2. 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, pur-
suant, 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.~), 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
~o City under this agreement.
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IN WITNESS WHEiLEOF, City has caused this agreement to be executed by its
~myor 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 signaturs, ali 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
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 FLAS BEEN DELIVE}LED TO
THE C~LAIR~-~N OF THE BOARD.
JUNE ALEXANDER
Clerk oi the Board of Supervisors
of Orange County, California
GWS:slm326(28) -6-
1/19/82
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AND
A G R-E E M E N T
THIS AGREEMENT, made and entered into this
, 1982.
BY AND BETWEEN
Agreement No. D82-002
day of
The CITY OF TUSTIN, a municipal corporation,
hereinafter designated as "CITY,"
The COUNTY OF ORANGE, a political subdivision
of the State of California, hereinafter desig-
nated as "COUNTY."
W I T N E S S E T H
WHEREAS, CITY proposes to recontruct Red Hill Avenue, between Lance Drive
and Irvine Boulevard, hereinafter referred to as PROJECT; and
WHEREAS, a portion of Red Hill Avenue is within unincorporated COUNTY
territory; and
WHEREAS, CITY has requested that COUNTY provide financial participation
for COUNTY's portion o~ PROJECT and COUNTY concurs with CITY's request; and
WHEREAS, CITY and COUNTY wish to specify the terms for reimbursement to
CI~f for COUNTY's portion of PROJECT.
NOW, THEi~EFORE, IT IS AGP. EED by the parties hereto as follows:
I. CITY SKALL:
A. Be and is hereby designated as Lead Agency for PROJECT and shall
prepare and process ail necessary environmental documents required by the California
Environmental Quality Act of 1970 (CEQA) as amended.
B. Be and is hereby designated as Project Engineer, Contracting and
Construction Agent for the parties to do and perform all things necessary in order
to design and construct said COUNTY portions of PROJECT in accordance with the plans
and specifications~as approved by COUNTY, and to execute and deliver ali documents
required in connection with the construction and completion of said PROJECT
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Agreement No. D82-002
PROJECT including Certificate of Cost and Certificate of Completion of PROJECT.
C. During the period of construction, have jurisdiction over the
construction area including that portion described above within COUNTY territory.
D. Not issue change orders of PROJECT work affecting COUNTY without
first having obtained the written concurrence of DIRECTOR E}~, or his designee,
hereinafter referred to as DIRECTOR EMA.
E. Nol accept improvements under contract until DIRECTOR EMA approves,
in writing, the construction as it affects the operations and maintenance of PROJECT
within COUNTY limits.
II. COUNTY SHALL:
A. Be and hereby is ~esignated as a "Responsible Agency" for compliance
with CEQA.
B. Review for approval by DIRECTOR EMA, the plans and specifications
as to design and construction features affecting the construction, operation and
maintenance of the portion of PROJECT within COUNTY road rights-of-way.
C. Be responsible only for the actual cost to reconstruct the roadway,
per the recommendation of the EMA ,Materials Laboratory, for COUNTY's portion of
Red Hill Avenue between Lance Drive and Irvine Boulevard and for a proportionate
share of the cost of engineering and inspection based on the ratio of COUNTY's
construction cost to the total contract construction cost. COUNTY's portion of
Red Hilt Avenue shall be that portion of roadway improvements lying within the
boundaries of unincorporated territory, more or less as shown on the attached
Exhibit A and as these boundaries exist at the time of advertising the project.
D. At ail times during the progress of construction of said COUNTY
portions within Red Hill Avenue right-of-way have access to the work thereon for
the purpose of inspection thereof; and should COUNTY deem any remedial measures to
be necessary, DIRECTOR Ebl~ shall notify CITY thereof.
E. Reimburse CITY for COUNTY's share of PROJECT. Said share shall be
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Agreement No. D82-002
determined as defined by Section II. C. and.shall be limited to the cost of the work
done on that portion of PROJECT described in Section II. C. The estimated cost for
COUNTY's portion of PROJECT is approximately $35,000 including engineering and
inspection costs, and in no event shall the final cost to the COUNTY exceed $38,000
unless approved in writing by DIRECTOR Ebk4.
III. Payments and Final Accounting
A. Within thirty (30) days after CITY's advertisement of PROJECT for
bids, COUNTY will, upon CII~f's request, deposit with CITY its share of the PROJECT
construction funds based on an adjustment according to actual bid prices, but in no
event shall such deposit exceed $38,000.
B. Within ninety (90) days after the acceptance of the improvement
under the contract by CITY, CITY shall submit to COUNTY for review and approval by
COUNTY a Final Accounting Report which shall contain a certification signed by the
Director of Public Works and the Director of Finance that all expenditures applicable
to PROJECT have been made and that copies of all invoices and warrants are on file
with the CITY and shall be made available to COUNTY upon request.
C. If said final account report as approved by COUNTY shows that the
total cost to COUNTY is less than the amount deposited to CITY, CITY shall promptly
reimburse COUNTY the difference between the amount deposited and the actual cost.
If said final accounting report as approved by COUNTY shows that the total cost to
COUNTY is more than the amount deposited by COUNTY, COUNTY shall promptly reimburse
CITY for the difference between the amount deposited and the actual cost subject to
the provisions of Section II. E.
IV. IT IS MUTUALLY UNDERSTOOD AND AGREED:
A. 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
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Agreement No. D82-OO2
agreed that, pursuant to Government Code Section 895.4, CIZY shall fully indemnify
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.
B. 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 of
jurisdiction not delegated to CITY unCer this agreement. It is also understood
and agreed that, pursuant, to Government Code Section 895.4, COUNTY shall fully
indemnify 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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Agreement No. D82-002
IN WIT}~2SS 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, all thereunto
duly authorized hy the City Council and the Board of Supervisors, respectively.
CITY OF TUSTIN
A municipal aorporation
Dated: , 19 BY
ATTEST:
Mayor
Clerk of ~ne Council
Dated: , 19 BY
COUNTY OF ORANGE
A political subdivision of the State
of California
Chairman, Board of Supervisors
SIGNED AND CERTIFLED THAT A COPY
OF THIS DOCUMJSNT =--~S BEEN DELIVERED
TO THE CHAIRMAN CF THE BOARD
JUNE AT!XANDER
Clerk of the Board of Supervisors
of Orange Court=y, California
APPROVED AS TO
ADRIAN KUYPER, CC~L~-fY COUNSEL
ORANG5 COUNTY, C~-7-FOP~NIA
By
III
GWS:sZm531(30)
1/28/82
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Date