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HomeMy WebLinkAboutORANGE, COUNTY OF (26)PROJECT #1255, from Santa Ana to Civic Center COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT Flower Street Boulevard Drive MEMORANDUM OF AGREEMENT day of 19 by and between: "4-f0--0 1.2, entered into this 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 1690 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, 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, FLOWER STREET, from Santa Ana Boulevard to Civic Center Drive, 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 Be AHFP No. 1255 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 Notice of Exemption 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. 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. follows: 7. Funds to be used for PROJECT: a. The estimated cost of PROJECT covered by this agreement is: Design Engineering: $ 70,000 Construction Contract:. 620,000 Construction Engineering: 50,000 Total: $740,000 b. On the basis of the above estimate, PROJECT will be financed as COUNTY Funds: $344,000 CITY Matching Funds: 344,000 CITY Funds:* 52,000 Total: $740,000 *For items not eligible for AHFP participation. -2- AHFP No. 1255 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. costs will be percent (50Y), allocation. Except as noted in (e) below, final adjustments of PROJECT's made on the basis of COUNTY fifty percent (50%), CITY fifty on eligible items in the contract up to the maximum COUNTY AHFP 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 event CITY fails, for any reason, to advertise and award the contract for PROJECT prior to September 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- AHF'P No, 1255 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. 1255 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 '��� ayor ATTEST: C+ty Manager Dated: 19 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Linda D. Ruth Cleric of the Board of Supervisors of Orange County, California TRB:dw APPROVED AS TO FORM A� Ci 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, CALIFOANIA iJ Deputy Date -5- RIGHT OF WAY CERTIFICATION The City of Santa Ana hereby certifies in connection with the right-of-way for AHFP Project No. 1255, Flower Street Improvements from Santa Ana Boulevard to Civic Center Drive, that: 1. All work is within existing right-of-way and no addi- tional right-of-way is necessary. 2. No building improvement nor utility exists within the right-of-way area that will interfere with construction. In Making this certification, the City of Santa Ana agrees to hold the County of Orange harmless from any liability which may arise by reason of the County's reliance upon this Certificate and its use of right-of-way. CITY OF SANTA ANA By_ Date% Title Attest . City Cler