HomeMy WebLinkAboutAGMT - Orange County Environmental Agency (Arterial Hwy Financing Prog) 1 COUNTY OF ORANGE
ARTERIAL HIGHWAY FINANCING PROGRAM
2 PROJECT ADMINISTRATION AGREEMENT
3 PROJECT # 1177 MEMORANDUM OF AGREEMENT entered into this
WESTMINSTER BOULEVARD day of
4 from 1300' W/o Seal Beach Blvd. 1986 by and between:
To RR crossing 200' east of
5 Kitts Highway CITY OF SEAL BEACH, a municipal corporation,
hereinafter referred to as CITY, and
6
COUNTY OF ORANGE, a political subdivision of
7 the State of California, hereinafter referred
to as COUNTY.
8
WITNESSETH:
9
WHEREAS, the Orange County Board of Supervisors by Resolution of
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May 31, 1956 adopted the Master Plan of Arterial Highways to serve the entire COUNTY
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including the incorporated cities thereof; and
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WHEREAS, Articles 2 and 3 of Chapter 9, Division 2, commencing with
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Section 1680 of the Streets and Highways Code authorize a county, if it so desires,
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to expend funds apportioned to it out of the California Highway Users Tax Funds for
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aid to cities and in the improvement, construction, or repair of streets within a
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city; and
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WHEREAS, the Orange County Board of Supervisors and the Orange County
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Division of the League of California Cities have agreed upon a cooperative financial
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program for the establishment, construction, and maintenance of a County-wide
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Arterial Highway System known as the Arterial Highway Financing Program; and
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WHEREAS, the Orange County Board of Supervisors has, by appropriate
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action, provided in the Road Budget for the Fiscal Year 1985-86 funds for the
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improvement of streets within the incorporated cities of COUNTY, which streets are a
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part of COUNTY's Master Plan of Arterial Highways; and
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WHEREAS, Orange County Board of Supervisors on November 5, 1958 has by
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formal resolution adopted the formal procedure for the administration of the
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Arterial Highway Financing Program, as revised, which procedure is outlined in a
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AHFP No. 1177
‘.,
1 document on file with the County Clerk, formally known as the County of Orange
2 Arterial Highway Financing Program Procedure Manual; and
3 WHEREAS, it is mutually agreed between the parties that WESTMINSTER
4 BOULEVARD, from 1300 feet west of Seal Beach Boulevard to the railroad crossing
5 200 feet east of Kitts Highway, a street included in the Orange County Master Plan
6 of Arterial Highways, is a street of general COUNTY interest and should be improved
7 in accordance with the policies of the Arterial Highway Financing Program as
8 contained in the AHFP Procedure Manual, and as shown by the approved AHFP project
9 scope, plans and specifications on file with COUNTY's Environmental Management
10 Agency. Said work of such improvement shall be referred to hereinafter as PROJECT;
11 and
12 WHEREAS, CITY, as Lead Agency, has completed the environmental assessments
13 as required by the California Environmental Quality Act of 1970 by approving a
14 categorical exemption for PROJECT, a copy of which is on file with COUNTY; and
15 WHEREAS, CITY has filed the Notice of Determination with the County Clerk;
16 and
17 WHEREAS, no additional environmental documents are required for compliance
18 with the California Environmental Quality Act; and
19 WHEREAS, CITY has reviewed PROJECT for conformance with the requirements
20 of Section 65402 of the California Government Code and applicable local ordinances
21 and CITY has acted as required.
22 NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
23 1. The Arterial Highway Financing Program (AMP) Procedure Manual herein
24 referred to shall be and is hereby made a part of this agreement.
25 2. The Contracting Authority for PROJECT is hereby designated as CITY.
26 3. The Project Engineer for PROJECT is hereby designated as CITY.
27 4. The Construction Engineer for PROJECT is hereby designated as CITY.
28 5. All soils engineering and material and construction testing necessary
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AHFP No. 1177
1 for PROJECT shall be performed by COUNTY. This shall include preliminary soils
2 investigations, structure foundation investigations, recommendations for structural
3 sections and compaction requirements, and quality control of materials and
4 construction.
5 6. The work shall be subject at all times to inspection by the authorized
6 representatives of both parties.
7 7. Funds to be used for PROJECT:
8 a. The estimated cost of PROJECT covered by this agreement is:
9 DESIGN ENGINEERING: $ 13,000
CONSTRUCTION CONTRACT: 140,000
10 CONSTRUCTION ENGINEERING: 7,500
11 TOTAL: $ 160,500
12 b. On the basis of the above estimate, PROJECT will be financed as
13 follows:
14 COUNTY FUNDS: $ 80,000
CITY FUNDS: 80,000
15 CITY FUNDS* 500
16 TOTAL: $ 160,500
17 * For items not eligible for AHFP funding.
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c. If upon completion of detailed design, it appears that PROJECT's
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estimate will exceed the original allocation, the Contracting Authority shall follow
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the procedures set forth in the AHFP Procedure Manual for Adjustment of Allocation.
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d. Except as noted in (e) below, final adjustments of PROJECT's costs
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will be made on the basis of COUNTY fifty percent (50%) , CITY fifty percent (50%) ,
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on eligible items in the Contract up to the maximum COUNTY AHFP allocation.
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e. COUNTY participation in longitudinal storm drain costs shall not
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exceed a maximum of twenty-five percent (25%) of the total cost of eligible storm
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drain construction.
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f. It is the intent of the parties hereto to comply with all
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AHFP No. 1177
1 applicable rules regarding the expenditure of State Gas Tax Funds. Eligibility of
2 any storm drain item will be subject to final audit and determination by the State
3 Controller's Office. Any future adjustment required by said Controller's Office
4 shall be made by CITY with CITY funds, including complete refunds to COUNTY of any
5 COUNTY gas tax funds declared by the Controller to have been expended on ineligible
6 construction.
7 g. Any funds spent prior to July 1, 1983 shall not be considered in
8 the final accounting of PROJECT.
9 8. This agreement shall become null and void in the event CITY fails, for
10 any reason, to advertise and award the contract for PROJECT prior to June 30, 1987
11 and CITY shall reimburse COUNTY for any expenditures incurred by County in
12 connection with PROJECT.
13 9. This agreement shall become null and void in the event that CITY, for
14 any reason, advertises PROJECT for bids prior to the granting of authorization to
15 advertise by COUNTY in accordance with the procedures set forth in the Arterial
16 Highway Financing Program Procedure Manual.
17 10. Upon acceptance of the completed AHFP PROJECT by the awarding
18 authority or upon the contractor being relieved of the responsibility for
19 maintaining and protecting certain portions of the work, CITY shall maintain PROJECT
20 or such portions of the work in a manner satisfactory to COUNTY. If, within ninety
21 (90) days after receipt of notice from COUNTY that PROJECT or any portion thereof is
22 not being properly maintained, CITY has not remedied the conditions complained of to
23 COUNTY's satisfaction, COUNTY may withhold the programming or approval of further
24 AHFP projects of CITY until PROJECT shall have been put in a condition of
25 maintenance satisfactory to COUNTY. The maintenance referred to herein shall
26 include not only the preservation of the general physical feature of the roadway,
27 roadside, and surfacing, but also safety and regulatory features, devices and
28 appurtenances built into PROJECT.
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AHFP No. 1177
1 11. County-wide extension of Arterial System:
2 To promote uniformity of County Arterial Highway System with City
3 Master Plan of Major Streets, both parties agree to continue the promulgation of the
4 AHFP as outlined in the aforementioned Procedure Manual.
5 IT IS MUTUALLY UNDERSTOOD AND AGREED:
6 1. Pursuant to and in accordance with Section 10532 of the California
7 Government Code, in the event that this Contract involves expenditures of State
8 funds aggregating in excess of ten thousand dollars ($10,000) , the parties shall be
9 subject to the examination and audit of the Auditor General of the State of
10 California for a period of three (3) years after final payment under this Contract.
11 2. That neither COUNTY nor any officer or employee thereof shall be
12 responsible for any damage or liability occurring by reason of anything done or
13 omitted to be done by CITY under or in connection with any work, authority or
14 jurisdiction delegated to CITY under this agreement. It is also understood and
15 agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify,
16 defend and hold COUNTY harmless from any liability imposed for injury (as defined by
17 Government Code Section 810.8) , occurring by reason of anything done or omitted to
18 be done by CITY under or in connection with any work, authority or jurisdiction
19 delegated to CITY under this agreement.
20 3. That neither CITY nor any officer or employee thereof shall be
21 responsible for any damage or liability occurring by reason of anything done or
22 omitted to be done by COUNTY under or in connection with any work, authority or
23 jurisdiction not delegated to CITY under this agreement. It is also understood and
24 agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully
25 indemnify, defend and hold CITY harmless from any liability imposed for injury (as
26 defined by Government Code Section 810.8) , occurring by reason of anything done or
27 omitted to be done by COUNTY under or in connection with any work, authority or
28 jurisdiction not delegated to CITY under this agreement.
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AHFP No. 1177
• 1 IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its
2 Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed
3 by the Chairman of its Board of Supervisors and attested by its Clerk on the dates
4 written opposite their signatures, all thereunto duly authorized by the City Council
5 and the Board of Supervisors, respectively.
6 CITY OF SEAL BEACH, a municipal
corporation
Dated: /
9 ( Mayor
10
11 ATTEST: APPROVED AS TO FORM:
12 7 /
13 i ,,
14
-! Cify Clerk City Attorney
v
15
COUNTY OF ORANGE, a political subdivision
16 of the State of California
17
18 Dated: , 19 By
Chairman, Board of Supervisors
19
20
SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM
21 THIS DOCUMENT HAS BEEN DELIVERED TO ADRIAN KUYPER, COUNTY COUNSEL
THE CHAIRMAN OF THE BOARD. ORANGE COUNTY, CALIFORNIA
22
23 d '
C--e)
24 LINDA D. ROBERTS "'h� Deputy
Clerk of the Board of Supervisors
25 of Orange County, California
26 �-1�-
Date
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