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HomeMy WebLinkAboutORANGE, COUNTY OF (27)3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT i N V11 611 1� 1,"1111�1�11'1", PROJECT #1230, First Street MEMORANDUM OF AGREEMENT entered into this from Bristol Street day of e, to Flower Street 19� 6. y and between:," CITY OF SANTA ANA, 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 1988-89 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 file with the County Clerk, formally known as the County of Orange Arterial Highway Financing Program Procedure Manual; and WHEREAS, FIRST STREET, from Bristol Street to Flower Street, a street included in the Orange County Master Plhn 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 M t AHFP No. 1230 1 WHEREAS, CITY, as Lead Agency, has completed the environmental assessments as required by the California Environmental Quality Act of 1970, as 2 amended, by approving a Notice of Exemption for PROJECT, a copy of which is on file with COUNTY; and 3 WHEREAS, CITY has filed the Notice of Determination with the County 4 Clerk; and 5 WHEREAS, no additional environmental documents are required for compliance with the California Environmental Quality Act; and 6 WHEREAS, CITY has reviewed PROJECT for conformance with the requirements 7 of Section 65402 of the California Government Code and applicable local ordinances and CITY has acted as required. 8 NOW, THEREFORE, IT IS AGREED by the parties hereto as follows- 9 1. The Arterial Highway Financing Program (AHFP) Procedure Manual 10 herein referred to shall be and is hereby made a part of this agreement. 11 2. The Contracting Authority for PROJECT is hereby designated as CITY. 12 3. The Project Engineer for PROJECT is hereby designated as CITY. 13 4. The Construction Engineer for PROJECT is hereby designated as CITY. 14 5. All soils engineering and material and construction testing necessary for PROJECT shall be performed by COUNTY. This shall include 15 preliminary soils investigations, structure foundation investigations, recommendations for structural sections and compaction requirements, and quality 16 control of materials and construction. 17 6. The work shall be subject at all times to inspection by the authorized representatives of both parties. 18 7. Funds to be used for PROJECT: 19 a. The estimated cost of PROJECT covered by this agreement is: 20 Design Engineering: $ 57,200 21 Construction Contract: 571,700 Construction Engineering: 40,100 22 Total: $669,000 23 b. On the basis of the above estimate, PROJECT will be financed as follows: 24 COUNTY Funds: (Maximum) $250,000 25 CITY Matching Funds: 250,000 CITY Funds:* 169,000 26 Total: $669,000 27 For items not eligible for AHFP participation. 28 -2- AHFP No. 1230 2 3 4 5 6 7 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 COUNTY fifty percent (50y), 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, 1986 shall not be considered in the final accounting of PROJECT. S. Funds allotted by COUNTY for PROJECT shall revert to the Arterial Highway Financing Program in the event CITY fails, for any reason, to advertise and award the contract for PROJECT prior to June 30, 1990 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. 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. 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. -3- AHPP No. 1230 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15� 16 171 18 19 20 21 22 23 24 25 26 27 28 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. -4- AHFP No. 1230 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 SANTA ANA, a municipal corporation Dated: 19/ By Maor ATTEST: ty M �, r Dated: APR 0 3 1990 19 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Linda D. Ruth APR 0 3 1990 Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM 40' 'C ty Attorney COUNTY OF ORANGE, a political subdivision of the State of California By Chairman, Board of Supervisors APPROVED AS TO FORM ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Deputy -5- Date BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA MINUTES April 3, 1990 ARTERIAL HIGHWAY FINANCING PROGRAM ADMINISTRATIVE AGREEMENT NO. 1230 WITH THE CITY OF SANTA ANA FOR FIRST STREET FROM BRISTOL STREET TO FLOWER STREET: Environmental Management Agency, on behalf of the City of Santa Ana, requests approval of an agreement which provides for improvements of First Street from Bristol to Flower Street. MOTION: On motion by Supervisor Roth, seconded by Supervisor Riley, the Board authorized execution of Arterial Highway Financing Program Administrative Agreement No, 1230. Supervisor Vasquez was absent. MOTION CARRIED.