HomeMy WebLinkAboutC-2804(A) - Master Agreement Federal Aid Projects (part of Seismic Retrofit of Lido Isle Bridge and Newport Island Bridge)SPECIAL COVENANT OR REM- OKS
Amendment to Seismic Retrofit Program Supplement Agreement No. 12- 5151 -002 -M for:
CITY OF NEWPORT BEACH
12- ORA- 0 -NPTB
STPLZ - 5151(002)
It is mutually agreed that for each Program Supplement Agreement on the attached list, the
clause which states:
"State Seismic funds will provide the match to Federal
Funds, as well as Local Agency overhead costs, related
To seismic project development until June 30,1998."
IS AMENDED TO READ:
"State Seismic funds will provide the match to Federal
Funds, as well as Local Agency overhead costs, related
To seismic project development."
CITY OF NEWPORT BEACH
I ,
Date /0 -P -2
State of California
Department of Transportation
By 71e- Zvi
Chief, Office of Local Programs
Project Implementation
Date
October 16, 1998
0 SPECIAL COVENANT OR REMOKS
Amendment to Seismic Retrofit Program Supplement Agreement No. 12- 5151 - 001 -M.
REV.1 for:
CITY OF NEWPORT BEACH
12- ORA- 0 -NPTB
STPLZ - 5151(004)
It is mutually agreed that for each Program Supplement Agreement on the attached list, the
clause which states:
"State Seismic funds will provide the match to Federal
Funds, as well as Local Agency overhead costs, related
To seismic project development until June 30, 1998."
IS AMENDED TO READ:
"State Seismic funds will provide the match to Federal
Funds, as well as Local Agency overhead costs, related
To seismic project development."
CITY OF NEWPORT BEACH
,ice . I -
Date /d Sa
State of California
Department of Transportation
By
Chief, Office of Local Programs
Project Implementation
Date
October 16, 1998
PROGRAM SUPPLEMENT NO. M001 Rev. 1
to
ADMINISTERING AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS NO. 12 -5151
0
Date: August 31, 1998
Location; 12- ORA -0-NPTB
Project Number: STPLZ - 5151(004)
E.A. Number: 12- 401814
This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into
between the Agency and the State on 05/21/97 and is subject to all the terms and conditions thereof. This Program Supplement
is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. 97- 7S
approved by the Agency on 5! fig, Of ) (See copy attached).
The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with
the covenants or remarks setforth on the following pages.
PROJECT TERMINI:
In the City of Newport Beach on Rivo Alto 38th St (Br. No. 55C -0261 & Br. No. 55C -0013)
TYPE OF WORK: Seismic Retrofit (Mandatory) Category 1 LENGTH: 0.1 (MILES)
PROJECT CLASSIFICATION OR PHASES) OF WORK
[X] Preliminary Engineering [ ] Right -Of -Way [X] Construction
[X] Construction Engineering
Estimated Cost
Federal Funds
Matching Funds
$753,025.00
BMS $666,651.00
LOCAL
$0.00
ST /SEISMIC
$86,374.00
OTHER
$0.00
CITY OF NEWPORT BEACH
. -1.7
STATE OF CALIFORNIA
Department of Transportation
�. A ♦ 1
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Off ic / ( � Date V31 /7� $753,025.00
Chapter Statutes Item e j rogram BC Fund Source AleDi1NT
162
1996
2660 - 125 -042
96
�- 0.30.010.690
C
224060 042 -T
5,506.00
162
1996
2660- 101 -890
97
20.30.010.690
C
224060 892 -F
42,494.00
282
1997
2660 -125- 042
97 -98
20.30.010.690
C
224060 042 -T
80,869.00
282
1997
2660- 101 -890
97 -98
20.30.010.690
C
224060 892 -F
624,157.00
Program Supplement 12- 5151- M001 -R1 ISTEA page 1 of 3
12- ORA -0tNPTB • • 08/31/1998
STPLZ- 5151(004)
SPECIAL COVENANTS OR REMARKS
1. This Revised Program Supplement supersedes Program Supplement
fully executed on 05/21/1997.
2. The Local Agency will reimburse the State for their share of
costs for work requested to be performed by the State.
3. The Local Agency agrees the payment of Federal funds will be
limited to the amounts approved by the Federal Highway
Administration in the Federal-Aid Project Agreement (PR -2) /Detail
Estimate, or its modification (PR -2A) or the FNM -76, and accepts
any increases in Local Agency Funds as shown on the Finance or
Bid Letter or its modification as prepared by the Office of Local
Programs Project Implementation.
4. The Local Agency will be responsible for developing the
structural and non - structural plans, specifications and
estimates(PS&E) and will be responsible for preparation of the
contract documents for advertisement, award and administration of
this project.
5. The Local Agency will advertise, award and administer this
project in accordance with the current Local Program Procedures
or the new Local Programs Manual, when issued.
6. The Local Agency agrees to use local funds to match that portion
of the work not eligible for match under The State Seismic
Program.
7. All Maintenance, involving the physical condition and the
operation of the improvements, referred to in Article III
MAINTENANCE of the aforementioned Master Agreement will be
performed by the Local Agency and /or the respective agencies as
determined by agreement at regular intervals or as required for
efficient operation of the completed improvements.
S. The construction phase of work for federal -aid project
STPLZ - 5151(002), bridge number 55C -0013, has been combined with
this federal -aid project. This project authorizes and provides
funding for the construction and construction engineering phases
of work for bridge number 55C -0013 and bridge number 55C -0261.
Funding for the preliminary engineering phase of work for bridge
number 55C -0013 will remain available under federal -aid project
number STPLZ - 5151(002).
Program Supplement12- 5151- M001 -R1 ISTBA Page 2 of 3
12- OPA -0-NPTB
STPLZ- 5151(004)
• 08/31/1998
SPECIAL COVENANTS OR REMARKS
9. State Seismic funds will provide the match to Federal Funds, as
well as Local Agency overhead costs, relating to seismic project
development.
10 Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report
covering the allowability of cost payments for each individual
consultant or sub- contractor incurring over $25,000 on the
project. The audit report must state the applicable cost
principles utilized by the auditor in determining allowable costs
as referenced in CFR 49, part 18, Subpart C - 22, Allowable
Costs.
Program Supplement 12- 5151- M001 -R1 ISTRA Page 3 of 3
RESOLUTION NO. 97 -35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH TO ENTER INTO A MASTER AGREEMENT
AND PROGRAM SUPPLEMENTS WITH THE STATE OF
CALIFORNIA
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES
HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
WHEREAS, a consultant firm is providing preliminary engineering for
projects which are eligible for Federal -aid funding under the Intermodal Surface
Transportation Efficiency Act of 1991, said projects known as the seismic retrofit of Via
Lido at West Lido Channel, Marine Avenue at Balboa Island Channel, and 38th Street
at Rivo Alto bridges; and
WHEREAS, to obtain reimbursement for preliminary engineering of said
projects, the City must enter into program supplements with the State of California
pursuant to a master agreement with the State of California; and
WHEREAS, on August 11, 1977, the City entered into a master Local
Agency -State Agreement for Federal -aid Projects with the State of California pertaining
to projects which are eligible for federal funding; and
WHEREAS, said master agreement must be updated to reflect the new
provisions of the Intermodal Surface Transportation Efficiency Act of 1991 and the re-
engineered Local Assistance procedures; and
WHEREAS, the State of California has forwarded a master Administering
Agency -State Agreement for Federal -aid Projects modified 11/29/95 that reflects new
provisions of the Intermodal Surface Transportation Efficiency Act of 1991 and the re-
engineered Local Assistance procedures for the City to enter into as a master
agreement; CERI ASAM AMCOW01COPY
C" CUM q OFTMECrrYOFMWFOW90M
we / LgL6'
0 Res 97 -35
NOW, THEREFORE, the City Council of the City of Newport Beach does
hereby approve entering into a master Administering Agency -State Agreement for
Federal -aid Projects modified 11/29/95 and program supplements for the seismic
retrofit of Via Lido at West Lido Channel, Marine Avenue at Balboa Island Channel, and
38th Street at Rivo Alto bridges, and authorizes its Mayor and City Clerk to execute the
master agreement and the City Manager to execute the program supplements.
Adopted this 28th day of April 1997.
BY
Mayor
City Attorney
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 97 -35, was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th
day of April, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, and Mayor Debay
Noes: None
Absent: Hedges
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 29th day of April, 1997.
(Seal)
City Clerk of the City of
Newport Beach, California
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Cio of Newport Beach
BUDGET AMENDMENT
1998 -99
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates
X Increase Budget Appropriations
X Transfer Budget Appropriations
�X from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
NO. BA- 031
AMOUNT: 51,465,550.00
Increase in Budgetary Fund Balance
AC(Q Decrease in Budgetary Fund Balance
qX No effect on Budgetary Fund Balance
A ^ — v r , ,
i I 1 1 ti: i L
This budget amendment is requested to provide for the following:
Appropriate additional revenues and expenditures for additional costs associated with the seismic retrofit of the
Balboa Island bridge. Additional project expenditures will be reimbursed by Federal and State seismic retrofit
funds and a transfer from existing General Fund appropriations.
ACCOUNTING ENTRY:
Amount
BUDGETARY FUND BALANCE Debit Credit
Fund Account Description
Fund Balance Control
REVENUE APPROPRIATIONS (3601)
Fund
/Division
Account
Description
Contributions Fund
250
4863
Seismic Retrofit Reimbursements $1,465,550.00
EXPENDITURE APPROPRIATIONS
(3603)
Description
Division
Number
7251
Contributions Fund
Account
Number
C5100067
Bridge Retrofit Program 31,465,550.00
Division
Number
7013
Street
Account
Number
C5100019
Street, Alley and Parking Lot Stripping $30,000.00
Division
Number
7013
Street
Account
Number
C5100067
Bridge Retrofit Program $30,000.00
Division
Number
Account
Number
Division Number
Account Number
Automatic
Signed: /a -8 -Sp,
anc' val: Finance re or Date
Signed:
;AMI'Aalistratpive'oApproval: City Manager Date
Signed:
City Council Approval: City Clerk Date
BY THE CITY couNCIL —i April 28, 1997
MY OFF�App NEWPORT BEACH i
a 2 8 —1997 .IIj i CITY COUNCIL AGENDA
0?
ITEM NO. 7
-7 -35
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: SEISMIC RETROFIT OF LIDO ISLE BRIDGE, BALBOA ISLAND
BRIDGE, AND NEWPORT ISLAND BRIDGE - CONTRACT NO. 2804
RECOMMENDATIONS:
1. Approve a master agreement with the State to reflect the new provisions of the
Intermodal Surface Transportation Efficiency Act of 1991 and the re- engineered
Local Assistance procedures, and authorize the Mayor and the City Clerk to execute
the agreement.
c�7
2. Approve program supplements with the State to cover preliminary engineering for )7,;I :_4
the seismic retrofit of the Via Lido at West Lido Channel, Marine Avenue at Balboa 1 L
• Island Channel, and 38th Street at Rivo Alto bridges (Project Nos. STPLZ -5151 002,
003, & 004, respectively), and adopt a resolution authorizing the City Manager to
execute the supplements.
DISCUSSION:
On August 11, 1977 the City entered into a LOCAL AGENCY -STATE AGREEMENT
FOR FEDERAL -AID PROJECTS with the State of California. The "master" agreement
was required as a condition of obtaining Federal -aid funds for local agency projects.
As a result of new provisions of the Intermodal Surface Transportation Efficiency Act of
1991 (ISTEA) and other changes that have occurred since 1977, local agencies are
being requested to adopt an updated version of their master agreement. The State has
forwarded a new master agreement (copy attached) to the City for execution, which
generally details:
1. project administration procedures, engineering procedures, use of program
supplements (for individual projects that are authorized for federal -aid funding),
employment practices, etc.
. 2. rights of way administration, acquisition, and relocation procedures
3. management and maintanance of the property or project
4. fiscal and financial provisions
SUBJECT: SEISMIC ROFIT OF BALBOA ISLAND BRIDGE, LID *E BRIDGE, AND NEWPORT'
ISLAND BRIDGE - CONTRACT NO. 2804
April 28, 1997
Page 2
,'lei A
5. retention of records and agency audit procedures
6. federal lobbying activitity certification
7. miscellaneous provisions for damage, liability, assignment, conflict of interest, etc.
8. termination of agreement
The master agreement also provides that the City's governing body may delegate in a
resolution the approval and management of program supplements. Staff recommends
that the City Manager be authorized to execute the City's program supplements.
Three program supplements (copies attached) provide Federal funding for preliminary
engineering for the seismic retrofit of the Via Lido at West Lido Channel, Marine
Avenue at Balboa Island Channel, and 38th Street at Rivo Alto bridges. These
supplements provide the following funds:
Proiect Max. Reimbursement Amount
Balboa Island bridge seismic retrofit $138,000
Lido Isle bridge seismic retrofit 78,000
Newport Island bridge seismic retrofit 48,000
Plans and specifications for these three projects are approximately 95% complete. •
Upon completion, our design firm, Dokken Engineering, will obtain the regulatory
permits and clearances that are needed, staff will secure project approvals from
Caltrans and the FHWA, and the projects will be forwarded to the City Council for
approval to advertise for bids. Upon award of the construction contract, the City will
execute additional program supplements with the State to receive up to $2.1 million of
reimbursement for the seismic retrofit construction.
Barring unforeseen circumstances, the work will be done on the three bridges during
this winter, and all work is anticipated to be completed prior to the summer of 1998.
Respectfully submitted,
Public Works Department
Don Webb, Director
0
Lloyd Dalton, P.E.
Project Manager
Attachments: New Master Agreement •
Three Program Supplements
l
RESOLUTION NO. 97 -35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH TO ENTER INTO A MASTER AGREEMENT
AND PROGRAM SUPPLEMENTS WITH THE STATE OF
CALIFORNIA
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES
HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
WHEREAS, a consultant firm is providing preliminary engineering for
projects which are eligible for Federal -aid funding under the Intermodal Surface
Transportation Efficiency Act of 1991, said projects known as the seismic retrofit of Via
Lido at West Lido Channel, Marine Avenue at Balboa Island Channel, and 38th Street
at Rivo Alto bridges; and
WHEREAS, to obtain reimbursement for preliminary engineering of said
projects, the City must enter into program supplements with the State of California
pursuant to a master agreement with the State of California; and
WHEREAS, on August 11, 1977, the City entered into a master Local
Agency -State Agreement for Federal -aid Projects with the State of California pertaining
to projects which are eligible for federal funding; and
WHEREAS, said master agreement must be updated to reflect the new
provisions of the Intermodal Surface Transportation Efficiency Act of 1991 and the re-
engineered Local Assistance procedures; and
WHEREAS, the State of California has forwarded a master Administering
Agency -State Agreement for Federal -aid Projects modified 11/29/95 that reflects new
provisions of the Intermodal Surface Transportation Efficiency Act of 1991 and the re-
engineered Local Assistance procedures for the City to enter into as a master
agreement;
0 Res 97 -35
NOW, THEREFORE, the City Council of the City of Newport Beach does
hereby approve entering into a master Administering Agency -State Agreement for
Federal -aid Projects modified 11/29/95 and program supplements for the seismic
retrofit of Via Lido at West Lido Channel, Marine Avenue at Balboa Island Channel, and
38th Street at Rivo Alto bridges, and authorizes its Mayor and City Clerk to execute the
master agreement and the City Manager to execute the program supplements.
Adopted this 28th day of April 1997.
BY
Mayor
---1 - --- -... -,
ATTEST:
City Clerk
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 97 -35, was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th
day of April, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, and Mayor Debay
Noes: None
Absent: Hedges
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 29th day of April, 1997.
(Seal)
City Clerk of the City of
Newport Beach, California
MASTER AGREEMENT
ADMINISTERING AGENCY -STATE AGREEMENT
FOR
FEDERAL -AID PROJECTS
12 City of Newport Beach
District Administering Agency
Agreement No. 12 -5151
This AGREEMENT, made effective this 2 5 day of /y 1997, is by and between
the City of Newport Beach, hereinafter referred to as "ADMINISTE G AGENCY," and the State
of California, acting by and through the Califomia Department of Transportation (Caltrans), hereinafter
referred to as "STATE."
WITNESSETH:
WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation
Efficiency Act of 1991 to fund programs which include, but are not limited to, the Surface Transportation
Program (RSTP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the
Transportation Enhancement Activities Program (TEA), and the Bridge Replacement and Rehabilitation
Program (HBRR) (collectively the "Programs "); and
WHEREAS, the Legislature of the State of California has enacted legislation by which certain
Federal funds (RSTP and CMAQ) may be made available for use on local transportation facilities of public
entities qualified to act as recipients of these federal funds in accordance with the intent of Federal law; and
WHEREAS, before Federal -aid will be made available for a specific Program project,
ADMINISTERING AGENCY and STATE are required to enter into an agreement relative to prosecution
of said project and maintenance of the completed facility.
NOW, THEREFORE, the parties agree as follows:
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any Program project
unless and until a project - specific Program Supplement to this AGREEMENT for Federal -aid Projects,
hereinafter referred to as 'PROGRAM SUPPLEMENT," has been executed.
2. The term 'PROJECT," as used herein, means that authorized project financed in part with
Federal funds as further described in an "Authorization to Proceed" document executed by STATE, in the
subsequent specific PROGRAM SUPPLEMENT, and in a Federal -aid Project Agreement (PR -2).
3. The Financial commitment of STATE administered federal funds will occur only upon the
execution of this AGREEMENT, and the execution of each project - specific PROGRAM SUPPLEMENT
and PR -2.
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4. ADMINISTERING AGENCY further agrees, as a condition to payment of funds obligated
to a PROJECT, to comply with all the agreed -upon Special Covenants or Remarks attached to the
PROGRAM SUPPLEMENT identifying and defining the nature of the specific PROJECT.
5. The PROGRAM SUPPLEMENT shall designate the party responsible for implementing
the various phases of the PROJECT, the Federal funds requested, and the matching funds to be provided
by ADMINISTERING AGENCY and/or STATE. Adoption of the PROGRAM SUPPLEMENT by
ADMINISTERING AGENCY and approval by STATE shall cause such PROGRAM SUPPLEMENT to
be executed and be a part of this AGREEMENT as though fully set forth herein. Unless otherwise
expressly delegated in a resolution by the ADMINISTERING AGENCY's governing body, the
PROGRAM SUPPLEMENT shall be approved and managed by the ADMINISTERING AGENCY's
governing body.
6. ADMINISTERING AGENCY shall conform to all State statutes, regulations and
procedures (including those set forth in LPP 95 -07, "Reengineering," and subsequent approved revisions
and Local Programs Manual updates, hereafter referred to as REENGINEERED PROCEDURES) relating
to the Federal -aid Program, all Title 23 Federal requirements, and all applicable Federal laws, regulations,
and policy and procedural or instructional memoranda, unless otherwise designated in the approved
PROGRAM SUPPLEMENT.
7. If PROJECT involves work on the State highway system, it shall also be the subject of a
separate standard form of encroachment permit and, where appropriate, a cooperative agreement between
STATE and ADMINISTERING AGENCY to determine how the PROJECT is to be constructed.
8. If PROJECT is not on STATE -owned right of way, PROJECT shall be constructed in
accordance with REENGINEERED PROCEDURES. The REENGINEERED PROCEDURES describe
minimum statewide design standards for local agency streets and roads. The REENGINEERED
PROCEDURES for projects off the National Highway System (NHS) allow the STATE to accept either
the minimum statewide design standards or ADMINISTERING AGENCY - approved geometric design
standards. Also, for projects off the NHS, STATE will accept ADMINISTERING AGENCY - approved
standard specifications, standard plans, and materials sampling and testing quality assurance programs that
meet the conditions described in the REENGINEERED PROCEDURES.
9. When PROJECT is not on the State highway system but includes work to be performed by
a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE,
as the parties may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an
agreement with the railroad providing for future maintenance of protective devices or other facilities
installed under the contract.
10. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and
inspection of each PROJECT. As provided in.the REENGINEERED PROCEDURES, work may be
performed by a consultant(s), provided a fully qualified and licensed employee of ADMINISTERING
AGENCY is in responsible charge.
11. The Congress of the United States, the Legislature of the State of California, and the
Governor of the State of California, each within their respective jurisdiction, have prescribed certain
employment practices with respect to work financed with Federal or State funds. ADMINISTERING
AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES
ADDENDUM (Exhibit A attached hereto) whenever State funds finance part of the PROJECT, and the
NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY
further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for
11/29/95
performance of work connected with the PROJECT shall incorporate Exhibits A (whenever State funds
fiance part of the PROJECT) and Exhibit B (with third party's name replacing ADMINISTERING
AGENCY) as parts of such agreement.
ARTICLE H - RIGHTS OF WAY
1. No contract for the construction of a Federal -aid PROJECT shall be awarded until the
necessary rights of way have been secured. Prior to the advertising for construction of the PROJECT,
ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that
necessary rights of way are available for construction purposes or will be available by the time of award of
the construction contract.
2. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any
liability which may result in the event the right of way for a PROJECT is not clear as certified. The
furnishing of right of way as provided for herein includes, in addition to all real property required for the
PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as
required by applicable law, of damages to real property not actually taken but injuriously affected by
PROJECT. ADMINISTERING AGENCY shall pay, from its own non - matching funds, any costs which
arise out of delays to the construction of the PROJECT because utility facilities have not been removed or
relocated, or because rights of way have not been made available to ADMINISTERING AGENCY for the
orderly prosecution of PROJECT work.
3. Subject to STATE approval and such supervision as is required in REENGINEERED
PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures,
ADMINISTERING AGENCY may claim reimbursement from Federal funds for expenditures to purchase
only necessary rights of way included in PROJECT after crediting PROJECT with the fair market value of
any excess property retained and not disposed of by ADMINISTERING AGENCY.
4. When real property rights are to be acquired by ADMINISTERING AGENCY for a
PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with the
Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. .
5. Whether or not Federal -aid is to be requested for right of way, should ADMINISTERING
AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, farm
operation, or non -profit organization, relocation payments and services will be provided as set forth in
Chapter 5 of Title 23, U.S. Code. The public will be adequately informed of the relocation payments and
services which will be available, and, to the greatest extent practicable, no person lawfully occupying real
property shall be required to move from his/her dwelling or to move his/her business or farm operation
without at least 90 -days written notice from ADMINISTERING AGENCY. ADMINISTERING
AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person
will be displaced until comparable decent, safe and sanitary replacement housing is available within a
reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation
program is realistic and adequate to provide orderly, timely and efficient relocation of displaced persons
for the PROJECT as provided in Federal Highway Programs Manual (FHPM 7 -5).
6. In all real property transactions acquired for the PROJECT, following recordation of the
deed or such other recorded instrument evidencing title in the name of the ADMINISTERING AGENCY
or their assignee, there shall also be recorded a separate document which is an "Agreement Declaring
Restrictive Covenants." Said Agreement Declaring Restrictive Covenants will incorporate the assurances
included within Exhibits A and B and Appendices A, B, C and D, as appropriate, when executed by
ADMINISTERING AGENCY.
11/29/95
0
ARTICLE III - MANAGEMENT AND MAINTENANCE OF PROPERTY
1. ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired,
developed, rehabilitated, or restored for its intended public use until such time as the parties might amend
this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or
its successors in interest in the property may transfer this obligation and responsibility to maintain and
operate the property to another public entity.
2. Upon ADMINISTERING AGENCY acceptance of the completed Federal -aid constriction
contract or upon contractor being relieved of the responsibility for maintaining and protecting a portion of
the work, the agency having jurisdiction over the PROJECT shall maintain the completed work in a
manner satisfactory to the authorized representatives of STATE and the United States. If, within 90 days
after receipt of notice from STATE that a PROJECT, or any portion thereof, under ADMINISTERING
AGENCY's jurisdiction is not being properly maintained and ADMINISTERING AGENCY has not
satisfactorily remedied the conditions complained of, the approval of future Federal -aid projects of
ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of
maintenance satisfactory to STATE and the Federal Highway Administration. The provisions of this
section shall not apply to a PROJECT which has been vacated through due process of law.
3. The maintenance referred to in paragraph 2, above, includes not only the physical condition
of the PROJECT but its operation as well. PROJECT shall be maintained by an adequate and well- trained
staff of engineers and/or such other professionals and technicians as the project requires. Said
maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a
contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at
regular intervals or as required for efficient operation of the complete PROJECT improvements.
ARTICLE IV - FISCAL PROVISIONS
1. The PROJECT, or portions thereof, must be included in a Federally- approved Statewide
Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submittal of the
"Request for Authorization."
2. State and Federal funds will not participate in PROJECT work performed in advance of
approval of the "Authorization to Proceed." The parties shall execute a PROGRAM SUPPLEMENT
between STATE and ADMINISTERING AGENCY subsequently incorporating the "Authorization to
Proceed."
3. ADMINISTERING AGENCY may submit invoices in arrears for reimbursement of
participating PROJECT costs on a monthly or quarterly progress basis once the PROJECT PROGRAM
SUPPLEMENT has been executed by STATE and the PR -2 has been executed by FHWA. The total of all
amounts claimed, plus any required matching funds, must not exceed the actual total allowable costs of all
completed engineering work, right of way acquisition, and construction.
4. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall include
this AGREEMENT number, Federal -aid project number, and Progress billing number for the PROJECT,
and shall be in accordance with REENGINEERED PROCEDURES.
5. The estimated total cost of PROJECT, the amounts of Federal -aid programmed, and the
matching amounts agreed upon may be adjusted by mutual consent of the parties hereto in a Finance
Letter/Detail Estimate and a PR -2 document which are to be considered as part of this AGREEMENT.
Federal -aid program amounts may be increased to cover PROJECT cost increases only if such funds are
available and FHWA concurs with that increase.
11/29/95
•
6. When additional federal -aid funds are not available, the ADMINISTERING AGENCY
agrees that the payment of Federal funds will be limited to the amounts approved by the PR -2, or its
modification (PR -2A), and agrees that any increases in PROJECT costs must be defrayed with
ADMINISTERING AGENCY funds.
7. ADMINISTERING AGENCY shall use its own nonfederal -aid funds to finance the local
share of eligible costs and all expenditures ruled ineligible for financing with Federal funds. STATE shall
make the determination of ADMINISTERING AGENCY cost eligibility for Federal fund financing.
8. Any overpayment to ADMINISTERING AGENCY of amounts invoiced shall be returned
to STATE by ADMINISTERING AGENCY upon written demand.
9. Should ADMINISTERING AGENCY fail to refund all moneys due STATE as provided
hereunder or should ADMINISTERING AGENCY breach this Agreement by failing to complete
PROJECT, then, within 30 days of demand, or within such other period as may be agreed to in writing
between the parties hereto, STATE, acting through the State Controller, the State Treasurer, or any other
public agency, may withhold or demand a transfer of an amount equal to the amount owed to STATE from
future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users
Tax Fund or any other funds and/or may withhold approval of future ADMINISTERING AGENCY
Federal -aid projects.
10. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or
otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint
powers authority, special district, or any other public entity not directly receiving funds through the State
Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available,
including the withholding or transfer of funds, pursuant to Article IV - 9, from those constituent entities
comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or
its constituent member entities, to recover all funds provided by STATE hereunder.
ARTICLE V - RETENTION OF RECORDS /AUDITS
1. For the purpose of determining compliance with Public Contract Code Section 10115, et.
seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et, seq., when applicable, and
other matters connected with the performance of the Agreement pursuant to Government Code
Section 10532, ADMINISTERING AGENCY and any third party under contract with ADMINISTERING
AGENCY shall retain all original records to the project financed with Federal funds and shall make records
available upon request by Federal and State representatives. Following final settlement of the project costs
with FHWA the recordstdocuments may be microfilmed by the ADMINISTERING AGENCY, but in any
event shall be retained for a period of three years from STATE payment of the final voucher, or a four -year
period from the date of the final payment under the contract, whichever is longer. ADMINISTERING
AGENCY shall retain records/documents longer if required in writing by STATE.
2. Per the Single Audit Act of 1984, any ADMINISTERING AGENCY that receives
$100,000.00 or more per fiscal year in Federal Financial Assistance shall have an audit performed by an
independent audit firm per the Single Audit Act - (see OMB -A128, "Audits of State and Local
Governments ").
ARTICLE VI • FEDERAL LOBBYING ACTIVITIES CERTIFICATION
1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of
the signatory officer's knowledge and belief, that:
5 11/29/95
• •
A. No STATE or Federal appropriated funds have been paid or will be paid, by or on
behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an
officer or employee of any STATE or Federal agency, a Member of the State Legislature or United States
Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the
Legislature or Congress in connection with the awarding of any STATE or Federal contract including this
Agreement, the making of any STATE or Federal loan, the entering into of any cooperative contract, and
the extension, continuation, renewal, amendment, or modification of any STATE or Federal contract,
grant, loan, or cooperative contract.
B . If any funds other than Federal appropriated funds have been paid, or will be paid,
to any person for influencing or attempting to influence an officer or employee of any Federal agency, a
member of Congress, an officer or employee of Congress or an employee of a member of Congress in
connection with this Agreement, grant, local, or cooperative contract, ADMINISTERING AGENCY shall
complete and submit Standard Foam -LLL, "Disclosure Form to Rep Lobbying," in accordance with the
form instructions.
C. This certification is a material representation of fact upon which reliance was placed
when this Agreement was made or entered into. Submission of this certification is a prerequisite for
making or entering into this Agreement imposed by Section 1352, Title 31, U.S. Code. Any party who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
2. ADMINISTERING AGENCY also agrees by signing this document that the language of
this certification will be included in all lower tier sub - agreements which exceed $100,000 and that all such
sub - recipients shall certify and disclose accordingly.
ARTICLE VII - MISCELLANEOUS PROVISIONS
1. Neither STATE 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 ADMINISTERING AGENCY
under, or in connection with, any work, authority or jurisdiction delegated to ADMINISTERING
AGENCY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code
Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE,
its officers, and employees from all claims, suits or actions of every name; kind and description brought
for, or on account of, injury (as defined in Government Code Section 810.8) occurring by reason of
anything done, or omitted to be done, by ADMINISTERING AGENCY under, or in connection with, any
work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. STATE
reserves the right to represent itself in any litigation in which STATE's interests are at stake.
2. Neither ADMINISTERING AGENCY 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
STATE under, or in connection, with any work, authority, or jurisdiction delegated to STATE under this
AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4,
STATE shall fully indemnify and hold ADMINISTERING AGENCY 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 STATE under, or in connection with, any work, authority, or jurisdiction delegated
to STATE under this Agreement. ADMINISTERING AGENCY reserves the right to represent itself in
any litigation in which ADMINISTERING AGENCY's interests are at stake.
3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING
AGENCY, when engaged in the performance of this Agreement, shall act in an independent capacity and
not as officers, employees or agents of STATE.
6 11/29/95
4. STATE may terminate this AGREEMENT with ADMINISTERING AGENCY should
ADMINISTERING AGENCY fail to perform the covenants herein contained at the time and in the manner
herein provided. In the event of such termination, STATE may proceed with the PROJECT work in any
manner deemed proper by STATE. If STATE terminates this AGREEMENT with ADMINISTERING
AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY
under this AGREEMENT prior to termination, provided, however, that the cost of PROJECT completion
to STATE shall first be deducted from any sum due ADMINISTERING AGENCY under this.
AGREEMENT, and the balance, if any, shall then be paid ADMINISTERING AGENCY upon demand.
5. Without the written consent of STATE, this AGREEMENT is not assignable by
ADMINISTERING AGENCY either in whole or in part.
6. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or Agreement not incorporated herein
shall be binding on any of the parties hereto.
7. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no
person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an
agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona
fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING
AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the
right to annul this AGREEMENT without liability, pay only for the value of the work actually performed,
or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount
of such commission, percentage, brokerage, or contingent fee.
8. In accordance with Public Contract Code Section 10296, ADMINISTERING AGENCY
hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of
court by a Federal court has been issued against ADMINISTERING AGENCY within the immediate
preceding two-year period because of ADMINISTERING AGENCY's failure to comply with an order of
a Federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor
Relations Board.
9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship
with STATE or the FHWA that may have an impact upon the outcome of this AGREEMENT.
ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the
outcome of this AGREEMENT.
10, ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it
acquire any financial or business interest that would conflict with the performance of PROJECT under this
AGREEMENT.
11. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or
secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE
employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to
terminate this AGREEMENT without liability, to pay only for the work actually performed or to deduct
from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback,
or other unlawful consideration.
12. This Agreement is subject to any additional restrictions, limitations, conditions, or any
statute enacted by the State Legislature that may affect the provisions, terms, or funding of this
AGREEMENT in any manner.
7 11/29/95
ARTICLE VIII - TERMINATION OF AGREEMENT
1. This Agreement and any PROGRAM SUPPLEMENT(s) executed under this
AGREEMENT shall terminate upon 60 days' prior written notice by STATE.
2. Each separate PROGRAM SUPPLEMENT shall separately establish the term and funding
limits for each described PROJECT funded under this Federal -aid program. No STATE or FHWA funds
are obligated against this AGREEMENT.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized
officers.
PIWAN. W-111 "110, 1::►Ib- ��: 1 �►
By
Chief, Office of Local Programs
Project Implementation
Date :5-- 2
CTTY OF NEWPORT BEACH
Lo
Representative Name & Title
(Authorized Governing Body Representative)
Date
N
11/29/95
EXHIBIT A
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate
against any employee for employment because of race, color, sex, religion, ancestry or national origin.
ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during
employment, without regard to their race, sex, actual or perceived sexual orientation, color, religion,
ancestry, or national origin Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING
AGENCY shall post in conspicuous places, available to employees for employment, notices to be
provided by STATE setting forth the provisions of this Fair Employment section.
2. ADMINISTERING AGENCY will permit access to the records of employment,
employment advertisements, application forms, and other pertinent data and records by STATE, the State
Fair Employment and Housing Commission, or any other agency of the State of California designated by
STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this
Agreement.
Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have
occurred upon receipt of a final judgment to that effect from a court in an action to
which ADMINISTERING AGENCY was a party, or upon receipt of a written
notice from the Fair Employment and Housing Commission that it has investigated
and determined that ADMINISTERING AGENCY has violated the Fair Employ-
ment Practices Act and had issued an order under Labor Code Section 1426 which
has become final or has obtained an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Provision, STATE shall have the
right to terminate this Agreement either in whole or in part, and any loss or damage
sustained by STATE in securing the goods or services thereunder shall be bome
and paid for by ADMINISTERING AGENCY and by the surety under the
performance bond, if any, and STATE may deduct from any moneys due or
thereafter may become due to ADMINISTERING AGENCY, the difference
between the price named in the Agreement and the actual cost thereof to STATE to
cure ADMINISTERING AGENCY's breach of this Agreement.
9 11/29/95
EXHIBIT B
NONDISCRIMINATION ASSURANCES
ADMINISTERING AGENCY HEREBY AGREES THAT, as a condition to receiving any Federal
financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply
with Title VI of the Civil Rights Act of 1964, 78 Star. 252, 42 U.S.C. 2000d -42 U.S.C. 2000d -4
(hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A. Office of the Secretary, Part 21,
"Nondiscrimination in Federally - Assisted Programs of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal -aid
Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT,
REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of
race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity for which
ADMINISTERING AGENCY receives Federal financial assistance from the Federal Department of
Transportation, ADMINISTERING AGENCY HEREBY GIVES ASSURANCE THAT
ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement.
This assurance is required by subsection 21.7(a) (1) of the REGULATIONS.
More specifically, and without limiting the above general assurance, ADMINISTERING
AGENCY hereby gives the following specific assurances with respect to its Federal -aid Program:
1. That ADMINISTERING AGENCY agrees that each "program" and each "facility" as
defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a
"program ") conducted, or will be (with regard to a "facility") operated in compliance with all requirements
imposed by, or pursuant to, the REGULATIONS.
2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations
for bids for work or material subject to the REGULATIONS made in connection with the Federal -aid
Program and, in adapted form, in all proposals for negotiated agreements:
ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively
insure that in any agreement entered into pursuant to this advertisement, minority
business enterprises will be afforded full opportunity to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color,
sex, national origin, religion, age, or disability in consideration for an award.
3. That ADMINISTERING AGENCY shall insert the clauses of Appendix A of this
assurance in every agreement subject to the ACT and the REGULATIONS.
4. That the clauses of Appendix B of this Assurance shall be included as a covenant running
with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or
interest therein.
5. That where ADMINISTERING AGENCY receives Federal financial assistance to construct
a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in
connection therewith.
10 11/29/95
6. That where ADMINISTERING AGENCY receives Federal financial assistance in the
form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to
rights to space on, over, or under such property.
7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in
Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases,
permits, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other
parties:
Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the Federal -
aid Program; and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property
acquired, or improved under the Federal -aid Program.
8. That this assurance obligates ADMINISTERING AGENCY for the period during which
Federal financial assistance is extended to the program, except where the Federal financial assistance is to
provide, or is in the form of, personal property or real property of interest therein, or structures, or
improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any
transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the Federal
financial assistance is extended, or for another purpose involving the provision of
similar services or benefits; or
(b) the period during which ADMINISTERING AGENCY retains ownership or
possession of the property.
9. That ADMINISTERING AGENCY shall provide for such methods of administration for
the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates
specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub -
grantees, applicants, sub - applicants, transferees, successors in interest, and other participants of Federal
financial assistance under such program will comply with all requirements unposed by, or pursuant to, the
ACT, the REGULATIONS, this Assurance and the Agreement.
10. That ADMINISTERING AGENCY agrees that the United States and the State of California
have a right to seek judicial enforcement with regard to any matter arising under the ACT, the
REGULATIONS, and this Assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
Federal grants, loans, agreements, property, discounts or other Federal financial assistance extended after
the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of
Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees,
applicants, sub - applicants, transferees, successors in interest and other participants in the Federal -aid
Highway Program.
11 11/29/95
APPENDIX A TO EXHIBIT B
During the performance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees
and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as
follows:
(1) Comniiance with RegWations : ADMINISTERING AGENCY shall comply with the
regulations relative to nondiscrimination in Federally assisted programs of the Department of
Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to
time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and
made a part of this agreement.
(2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work performed by
it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin,
religion, age, or disability in the selection and retention of sub - applicants, including procurements of
materials and leases of equipment. ADMINISTERING AGENCY shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment
practices when the agreement covers a program set forth in Appendix B of the REGULATIONS.
(3) Solicitations for Sub - agreements. Including Procurements of Materials and Eatgpment: In
all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for
work to be performed under a Sub - agreement, including procurements of materials or leases of equipment,
each potential sub - applicant or supplier shall be notified by ADMINISTERING AGENCY of the
ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to
nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reps: ADMINISTERING AGENCY shall provide all information and
reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to
ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities
as may be determined by STATE or FHWA to be pertinent to ascertain compliance with such
REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in
the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING
AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts
ADMINISTERING AGENCY has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's
noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such
agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to ADMINISTERING AGENCY under the Agreement until
ADMINISTERING AGENCY complies; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part
(6) Incorporation of Provisions: ADMINISTERING AGENCY shall include the provisions of
paragraphs (1) through (6) in every sub - agreement, including procurements of materials and leases of
equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.
ADMINISTERING AGENCY shall take such action with respect to any sub - agreement or procurement as
STATE or FHWA may direct as a means of enforcing such provisions including sanctions for
noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved
in, or is threatened with, litigation with a sub - applicant or supplier as a result of such direction,
ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of
STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such
litigation to protect the interests of the United States.
12 11/29/95
APPENDIX B TO EXHIBIT B
The following clauses shall be included in any and all deeds effecting or recording the transfer of
PROJECT real property, structures or improvements thereon, or interest therein from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the
condition that ADMINISTERING AGENCY will accept title to the lands and maintain the project
constructed thereon, in accordance with Title 23, United States Code, the Regulations for the
Administration of Federal -aid for Highways and the policies and procedures prescribed by the Federal
Highway Administration of the Department of Transportation and, also in accordance with and in
compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 20004 to 2000d -4), does hereby remise, release, quitclaim
and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department
of Transportation in, and to, said lands described in Exhibit "A" attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto ADMINISTERING AGENCY
and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations
herein contained as follows, which will remain in effect for the period during which the real property or
structures are used for a purpose for which Federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits and shall be binding on ADMINISTERING
AGENCY, its successors and assigns.
ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in
lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and
assigns,
(1) that no person shall on the grounds of race, color, sex, national origin, religion, age or
disability, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination with regard to any facility located wholly or in part on, over, or
under such lands hereby conveyed (;) (and) *
(2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed,
in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Non- discrimination in Federally - assisted programs of the Department of Transportation -
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended (;) and
(3) that in the event of breach of any of the above - mentioned nondiscrimination conditions, the
U.S. Department of Transportation shall have a right to re-enter said lands and facilities on
said land, and the above - described land and facilities shall thereon revert to and vest in and
become the absolute property of the U.S. Department of Transportation and its assigns as
such interest existed prior to this deed.*
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
13 11/29/95
APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar
instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a)
of Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases add "as covenant running with the land ") that in the
event facilities are constructed, maintained, or otherwise operated on the said property described in this
(deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program
or activity is extended or for another purpose involving the provision of similar services or benefits, the
(grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations,
U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in
Federally- assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil
Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess
said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been
made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to re-enter said land and facilities thereon, and the above - described lands
and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING
AGENCY and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
14
11/29/95
APPENDIX D TO EXHIBIT B
The following shall be included in all deeds, licenses, leases, permits, or similar agreements
entered into by the ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7 (b) of
Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal
representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds, and leases add "as a covenant running with the land ") that:
(1) no person on the ground of race, color, sex, national origin, religion, age or disability,
shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in
the use of said facilities;
(2) that in the construction of any improvements on, over, or under such land and the
furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age
or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination; and
(3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance
with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess
said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been
made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING
AGENCY shall have the right to re-enter said land and facilities thereon, and the above - described lands
and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING
AGENCY, and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
W
11/29/95
D : March 5, 1997
'PROGRAM SUPPLEMENT a M001 Locat 12- ORA- 0 -NPTB
' to I Project Number: STPLZ - 5151(004)
AGENCY -STATE AGREEMENT E.A. Number: 12- 401814
FOR FEDERAL -AID PROJECTS NO. 12 -5151
This Program Supplement is hereby incorporated into the Agency -State
Agreement for Federal Aid which was enterer into between the Agency and
the State on and is subject to all the terms and
conditions thereof. This Program Supplement is adopted in accordance
with Article I of the aforementioned Master Agreement �� der authority
of Resolution No. 97��� approved by the Agency on ' /d8lf% (See
copy attached).
The Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
In the City of Newport Beach on Rivo Alto 38th St (Br. No. 55C -0261)
TYPE OF WORK: Seismic Retrofit (Mandatory) Category 1 LENGTH: 0.1 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[XI Preliminary Engineering [ l Right -of -Way [ l
[ l Construction Engineering [ l Construction
Estimated Cost Federal Funds Matching Funds
Local ST /SEISMIC OTHER
$ 48000 BMS $ 4249401$ 01$ 55061$ 0
City of Newport Beach
STATE OF CALIFORNIA
h�FWp�Rj
Departure of T neportation
By
By
Chie , Office of Local Programs
Project Implementation
Date
9 g
cyt~ Nor
Date 5` L/-27
27
Attest
Gn:�. �l,
Q.�l'� 'C:��
Title
('4, &Li Cie„ f
I hereby Certify upon my personal kknnooJwledg that budgeted funds are
available for this encumbrance:
Accounting
offic�je :_ .11
Date ,3-5'97 $ 48000.00
Chapter Statutes I Item
Year
Program 1BC1 Fund Source I AMOUNT
162 1996 2660- 125 -042 96 -97� 20.30.010.690 C 224060 042 -T 5506.00
162 1996 2660 -101 -990 96 -97 20.30.010.690 C 224060 892 -F 42494.00
Page 1 of 3
12- ORA- O -NPTB • DATE: 03/05/97
STfLZ- 5151(004)
SPECIAL COVENANTS OR REMARKS
1. The Local Agency will reimburse the State for their share of
costs for work requested to be performed by the State.
2. The Local Agency agrees the payment of Federal funds will be
limited to the amounts approved by the Federal Highway
Administration in the Federal -Aid Project Agreement (PR -2) /Detail
Estimate, or its modification (PR -2A) or the FNM -76, and accepts
any increases in Local Agency Funds as shown on the Finance or
Bid Letter or its modification as prepared by the Office of Local
Programs.
3. This Program Supplement will be revised at a later date to
include other phases of work.
4. The Local Agency agrees to advertise the project no later than
six (6) months after receipt of the structural plans,
specifications and estimates from the State.
5. The Local Agency will be responsible for developing the
structural and non - structural plans, specifications and
estimates(PS &E) and will be responsible for preparation of the
contract documents for advertisement, award and administration of
this project.
6. The Local Agency will advertise, award and administer this
project in accordance with the current Local Program Procedures
or the new Local Programs Manual, when issued.
7. The Local Agency agrees to use local funds to match that portion
of the work not eligible for match under The State Seismic
Program.
8. State Seismic funds will provide the match to Federal Funds, as
well as Local Agency overhead costs, relating to seismic project
development until June 30, 1998.
9. All Maintenance, involving the physical condition and the
operation of the improvements, referred to in Article III
MAINTENANCE of the aforementioned Master Agreement will be
performed by the Local Agency and /or the respective agencies as
determined by agreement at regular intervals or as required for
efficient operation of the completed improvements.
10. In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal -Aid Program.
11. Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report cover-
Page 2 of 3
12- dRA- 0 -NPTB
1 STPLZ- 5151(004)
SPECIAL COVENANTS OR REMARKS
0 DATE: 03/05/97
ing the allowability of cost payments for each individual consul-
tant or sub - contractor incurring over $25,000 on the project.
The audit report must state the applicable cost principles utili-
zed by the auditor in determining allowable costs as referenced in
CFR 49, part 18, Subpart C - 22, Allowable Costs.
Page 3 of 3
' D : March 12, 1997
PROGRAM SUPPLEMENT M002 LocatMM: 12- ORA- 0 -NPTB
to I Project Number: STPLZ- 5151(002)
AGENCY -STATE AGREEMENT E.A. Number: 12- 401824
FOR FEDERAL -AID PROJECTS NO. 12 -5151
This Program Supplement is hereby incorporated into the Agency -State
Agreement for Federal Aid which was entered into between the Agency and
the State on /yj /f) and is subject to all the terms and
conditions thereof. This Program Supplement is adopted in accordance
with Article I of the aforementioned Master Agreement under authority
of Resolution No. lI' 3 s approved by the Agency on (See
copy attached)
The Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
In the City of Newport Beach VIA LIDO Q WEST LIDO CHANNEL; BR. #55C-
0013
TYPE OF WORK: SEISMIC RETROFIT - (Mandatory) Category 1 LENGTH: 0.1 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[X] Preliminary Engineering [ ] Right -of -Way [ ]
[ ] Construction Engineering [ ] Construction
Estimated Cost Federal Funds I Matching Funds
Local ST /SEISMIC OTHER
$ 7800033D $ 690533 $ OI$ 8947 $ 0
I BMS
City of Newport Beach STATE OF CALIFORNIA
tiW ) Departm t of nsportation
By By
r,
\, }
Chief, Office of Local Programs
Project Implementation
do
Date S—/9 F7 Date
Attest
Title U"
I hereby Certify upon my personal knowledge hat budgeted funds are available for this encumbrance:
Accounting Offic4�'v / P Date 3,12 42 % $ 78000.00
Chapter Statutes I Item / I / Year /( % Program IBC1 Fund Source I AMOUNT
162 1996 2660 - 125 -042 96 -97 20.30.010.690 C 224060 042 -T 8947.00
162 1996 2660 - 101 -890 96 -97 20.30.010.690 C 224060 892 -F 69053.00
Page 1 of 3
1
12- 0RA- 0 -NPT13 0 • DATE: 03/12/97
STPLZ - 5151(002)
SPECIAL COVENANTS OR REMARKS
1. The Local Agency will reimburse the State for their share of
costs for work requested to be performed by the State.
2. The Local Agency agrees the payment of Federal funds will be
limited to the amounts approved by the Federal Highway
Administration in the Federal -Aid Project Agreement (PR -2) /Detail
Estimate, or its modification (PR -2A) or the FNM -76, and accepts
any increases in Local Agency Funds as shown on the Finance or
Bid Letter or its modification as prepared by the Office of Local
Programs.
3. This Program Supplement will be revised at a later date to
include other phases of work.
4. The Local Agency agrees to advertise the project no later than
six (6) months after receipt of the structural plans,
specifications and estimates from the State.
5. The Local Agency will be responsible for developing the
structural and non - structural plans, specifications and
estimates(PS &E) and will be responsible for preparation of the
contract documents for advertisement, award and administration of
this project.
6. The Local Agency will advertise, award and administer this
project in accordance with the current Local Program Procedures
or the new Local Programs Manual, when issued.
7. The Local Agency agrees to use local funds to match that portion
of the work not eligible for match under The State Seismic
Program.
8. State Seismic funds will provide the match to Federal Funds, as
well as Local Agency overhead costs, relating to seismic project
development until June 30, 1998.
9. All Maintenance, involving the physical condition and the
operation of the improvements, referred to in Article III
MAINTENANCE of the aforementioned Master Agreement will be
performed by the Local Agency and /or.the respective agencies as
determined by agreement at regular intervals or as required for
efficient operation of the completed improvements.
10. In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal -Aid Program.
11. Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report cover-
Page 2 of 3
i
12- ORA- 0 -NPTB •
STPLZ - 5151(002)
SPECIAL COVENANTS OR REMARKS
• DATE: 03/12/97
ing the allowability of cost payments for each individual consul-
tant or sub - contractor incurring over $25,000 on the project.
The audit report must state the applicable cost principles utili-
zed by the auditor in determining allowable costs as referenced in
CFR 49, part 18, Subpart C - 22, Allowable Costs.
Page 3 of 3
D March 27, 1997
,rFROGR�,M SUPPLEMENT M003 I Locat : 12- ORA- 0 -NPTB
to i Project Number: STPLZ- 5151(003)
AGENCY -STATE AGREEMENT E.A. Number: 12- 401804
FOR FEDERAL -AID PROJECTS NO. 12 -5151
This Program Supplement is hereby incorporated into the Agency -State
Agreement for Federal Aid which was entered into between the Agency and
the State on S /tom /y' and is subject to all the terms and
conditions thereof. This Program Supplement is adopted in accordance
with Article I of the aforementioned Master Agreement qnder authority
of Resolution No. C77-3,5' , approved by the Agency on g /q7 (See
copy attached).
The Agency further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with the covenants or
remarks setforth on the following pages.
PROJECT TERMINI:
IN THE CITY OF NEWPORT BEACH ON MARINE AVE. @ BALBOA ISLAND CHANNEL;
BR. #55C -0014
TYPE OF WORK: SEISMIC RETROFIT LENGTH: 0.1 (MILES)
PROJECT CLASSIFICATION OR PHASE(S) OF WORK
[X] Preliminary Engineering [ ] Right -of -Way [ ]
[ ] Construction Engineering [ ] Construction
Estimated Cost Federal Funds I Matching Funds
$ 138000133D $
BMS $
City of Newon�* v -`
Un
Date
Attest
Title C L,1 L1 L -ILL
I hereby Certify upon my
Accounting Offic
chapterl statutes I Item
162 1996 2660 - 125 -042
162 1996 2660 - 101 -890
Local ST SEISMIC OTHER
122171 $ 0 $ 15829 $
0
STATE OF
of
ject Implementation
budgeted funds are available for th^i��s encumbrance:
Date o�� • / 7 $ 138000.00
I /1eaY1 I ) Program
96 -97 20.30.010.690
96 -97 20.30.01D.69D
M
IBCI Fund Source I AMOUNT
C 224060 042 -T 15829.00
C 224060 892 -F 122171.00
Page 1 of 3
~� 12- bRA- 0 -NPTB ' DATE: 03/27/97
STPLZ- 5151(003)
SPECIAL COVENANTS OR REMARKS
1. The Local Agency will reimburse the State for their share of
costs for work requested to be performed by the State.
2. The Local Agency agrees the payment of Federal funds will be
limited to the amounts approved by the Federal Highway
Administration in the Federal -Aid Project Agreement (PR -2) /Detail
Estimate, or its modification (PR -2A) or the FNM -76, and accepts
any increases in Local Agency Funds as shown on the Finance or
Bid Letter or its modification as prepared by the Office of Local
Programs.
3. This Program Supplement will be revised at a later date to
include other phases of work.
4. The Local Agency agrees to advertise the project no later than
six (6) months after receipt of the structural plans,
specifications and estimates from the State.
5. The Local Agency will be responsible for developing the
structural and non - structural plans, specifications and
estimates(PS &E) and will be responsible for preparation of the
contract documents for advertisement, award and administration of
this project.
6. The Local Agency agrees to use local funds to match that portion
of the work not eligible for match under The State Seismic
Program.
7. State Seismic funds will provide the match to Federal Funds, as
well as Local Agency overhead costs, relating to seismic project
development until June 30, 1998.
8. All Maintenance, involving the physical condition and the
operation of the improvements, referred to in Article III
MAINTENANCE of the aforementioned Master Agreement will be
performed by the Local Agency and /or the respective agencies as
determined by agreement at regular intervals or as required for
efficient operation of the completed improvements.
9. In executing this Program Supplemental Agreement, Local
Agency hereby reaffirms the "Nondiscrimination Assurances"
contained in the aforementioned Master Agreement for
Federal -Aid Program.
10. whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report cover-
ing the allowability of cost payments for each individual consul-
tant or sub - contractor incurring over $25,000 on the project.
The audit report must state the applicable cost principles utili-
zed by the auditor in determining allowable costs as referenced in
Page 2 of 3
? 12- ORA- 0 -NPTB. ' DATE: 03/27/97
STPLZ- 5151(003)
SPECIAL COVENANTS OR REMARKS
CFR 49, part 18, Subpart C - 22, Allowable Costs.
Page 3 of 3
0
•
•
TO: Mayor and Members of the City Council
FROM: Public Works Department
L+ O�
C_ a SS to
September 27, 1999
CITY COUNCIL AGENDA
5EP 2 7
SUBJECT: ARCHES INTERCHANGE STORM DRAINAGE IMPROVEMENTS —
AMENDMENT TO COOPERATIVE AGREEMENT WITH- CALTRANS
(CONTRACT NO. 2886)
RECOMMENDATIONS:
APPROVED
Approve Amendment to Cooperative Agreement No. 12- 335 -A1 with Caltrans
increasing reimbursement to City by $26,447.
2. Authorize the Mayor and City Clerk to execute the Amendment on behalf of the
City.
Approve a budget amendment increasing revenue to the Contributions Fund by
$26,447 and appropriating that same amount to Account No. 7251- C5100199.
DISCUSSION:
On May 11, 1998, the City Council approved a Cooperative Agreement with Caltrans
(No. 12 -335) pertaining to the construction of a reinforced concrete box (RCB) storm
drainage culvert across Pacific Coast Highway. The purpose of the agreement was to
have the City's contractor construct the RCB within the roadway areas as part of the
overall Arches Interchange Improvements and for Caltrans to reimburse the City for the
associated construction costs. Even though the segment of RCB construction can not
convey runoff flows at this time, this cooperative arrangement will substantially reduce
disruption to traffic and inconvenience to the community when the subsequent Caltrans
project to construct the outlet portion of the facility is implemented.
Cooperative Agreement No. 12 -335 established a reimbursement limit of $1,341,820 for
the storm drainage improvements. Further review of the plans and specifications by
Caltrans Division of Structures in Sacramento resulted in additional requirements that
increased the cost of the work. The additional cost items included (1) the use of epoxy
coated reinforcing steel, (2) the addition of fly ash in the concrete mix, (3) a more
elaborate expansion joint detail, and (4) modifications to storm drain lateral connections
to the RCB. The total cost of the storm drainage improvements constructed by the
City's Contractor is $1,368,267, which is $26,447 more than the $1,341,820 authorized
for reimbursement by Cooperative Agreement No. 12 -335.
SUBJECT: Arches Interchanae StI Drainage Improvements — Amendment to Cooperah"OEAareement with Caltrans
(Contract No. 2886
September 27, 1999
Page 2
After discussion of the cost increases with Caltrans staff, they agree that the total
construction cost should be reimbursed to the City. The attached Amendment to
Agreement (No. 12- 335 -A1) has been prepared to authorize increasing the
reimbursement limit by $26,447 from $1,341,820 to $1,368,267.
Staff recommends approval of the Amendment and that the Mayor and City Clerk be
authorized to sign it on behalf of the City. Staff further recommends approval of a
budget amendment increasing revenue to the Contributions Funds by $26,447 and
appropriating that same amount to Account No. 7251- C5100199.
Respectfully submitt d,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: Ei
Gal Pickart
Project Consultant Manager
Attachment: Amendment No. 12- 335 -A1
0
El users\pbvAsharedtcounciR4l9 .00lseptember- 271arches.doc
12 -ORA -1 KP 31.80 (PM 19.76)
Drainage Improvements within the
Route 1 / Route 55 Interchange
12221 - 074801(074811)
District Agreement No. 12 -335 A -1
AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT, entered into on , 19_,
between the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as STATE, and
0
C�
J
CITY OF NEWPORT BEACH,
a body politic and municipal
corporation of the State of
California, referred to herein as
CITY
DistrAgreement No. 12-335-Al
RECITALS 0
1. STATE and CITY entered into an Agreement (District Agreement No. 12 -335,
Document No. 14210) on May 27, 1998, said Agreement defining the terms and
conditions of a cooperative project to construct drainage improvements on Route 1 as a
contract change order for the Route 55/Route 1 separation project, referred to herein as
"IMPROVEMENTS ".
2. Said Agreement sets STATE's total IMPROVEMENTS obligation at $1,341,820 and it
has been determined that STATE's total IMPROVEMENTS obligation will exceed that
amount.
3. The purpose of this Amendment A -1 is to increase STATE's total obligation for
IMPROVEMENTS.
1]
IT IS THEREFORE MUTUALLY AGREED:
1. The amount specified in Article 15 of Section I of the Agreement shall be revised from
$1,341,820 to $1,368,267. See EXHIBIT Al.
2. The amount specified in Article 1 of Section II of the Agreement shall be revised from
$1,341,820 to $1,368,267. See EXHIBIT Al.
3. EXHIBIT B of the ,agreement shall be deleted in its entirety and replaced with the
attached revised EXHIBIT Al.
4. The other terms and conditions of Agreement No. 12 -335 (Document No. 14210) shall
remain in full force and effect. This Amendment A -1 to Agreement is hereby deemed to
be apart of Document No. 14210. •
0
0
Districogreement No. 12 -335 -A 1
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized
officers.
STATE OF CALIFORNIA
Department of Transportation
JOSE MEDINA
Director of Transportation
M
KENNETH G. NELSON
District Division Chief
Design
Approved as to Form and Procedure:
Attorney
Department of Transportation
Certified as to Form and Procedure:
Accounting Administrator
Certified as to Funds:
District Budget Manager
CITY OF NEWPORT BEACH
M
Mayor
Attest:
City Clerk
2
Approved as to Form:
City Attorney
0
Dis*Agreement 12- 335 -A1
EXHIBIT Al
"IMPROVEMENTS" COST SUMMARY
ACTUAL CONSTRUCTION COST
POTHOLING FOR UTILITIES = $19,050
CONSTRUCT RCB = $1,277,922
EPDXY COATING OF RE -BAR = $75,807
ELIMINATE SHORING DOWNSTREAM END = ($4,512)
TOTAL = $1,368,267
ADDITIONAL REIMBURSEMENT
TOTAL CONSTRUCTION COST = $1,368,267
ALLOCATION FROM COOP AGMT 12 -335 = $1,341,820
ADDITIONAL REIMBURSEMENT (COOP AGMT 12- 335 -AI)=
= $1,368,267 - $1,341,820 = $26,447
FUNDING CONTRIBUTION
TOTAL CONSTRUCTION COST= $1,368,267
STATE'S SHARE= $1,368,267
CITY'S SHARE = $0
TOTAL = $1,368,267
STATE'S DEPOSIT
DEPOSIT = TOTAL CONSTRUCTION COST / DURATION OF CONSTRUCTION
= $1,368,267 / 5 MO = $273,653
INITIAL DEPOSIT = $268,400
REMAINING CONTRIBUTION = $26,447
C* of Newport BeaC10 NO. BA_ 015
BUDGET AMENDMENT
1999 -00
AECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates
X Increase Budget Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from reserved fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
AMOUNT: ;2s,aa7.00
N XIncrease in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase revenue estimates and appropriations by $26,447 due to a cooperative agreement with Caltrans.
The funds will be used for Arches Interchange stone drain improvements. There have been no prior current year
budget amendments. Total budget amendments over the life of the project have been $6,533,919.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
to 010 3605
REVENUE APPROPRIATIONS (3601)
Fund/Division Account
250 4858
EXPENDITURE APPROPRIATIONS (3603)
Description
Fund Balance Control
Description
Refund and Rebates from other Govts
Description
Division Number 7251 Contribution
Account Number C5100199 PCH/Newport Blvd Improvements
Division Number
Account Number
Division Number
Account Number
Signed:
Approval: Finance
ed.
.
Administrative prove :" City Manager
Signed:
City Council Approval: City Clerk
Amount
Debit Credit
;26,447.00
;26,447.00
JE_L-1, T9
�= —
Date �
to
Date
C* of Newport BeachO NO. BA- 015
BUDGET AMENDMENT -A 1 J
1999 -00 AMOUNT: $26,447.00
FECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Budget Appropriations AND Decrease in Budgetary Fund Balance
Transfer Budget Appropriations X No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations J;
X from additional estimated revenues S 2 8 i
from reserved fund balance Ill
EXPLANATION: i
This budget amendment is requested to provide for the following:
To increase revenue estimates and appropriations by $26,447 due to a cooperative agreement with Caltrans.
The funds will be used for Arches Interchange storm drain improvements. There have been no prior current year
budget amendments. Total budget amendments over the life of the project have been $6,533,919.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 Fund Balance Control
REVENUE APPROPRIATIONS (3601)
Fund /Division Account
250 4858
EXPENDITURE APPROPRIATIONS (3603)
Description
Refund and Rebates from other Govts
Division Number
Account Number
Signed
^` ,ined:
Approval: Finance Director
City Manager
Signed: 6/y /M711 e "j. A&rkA
City Council Approval: City Clerk
Amount
Debit Credit
$26,447.00
$26,447.00
�l >
4P 9
Date
�g4te
Z12 Z t
Date
Description
Division
Number
7251 Contribution
Account
Number
C5100199 PCH/Newport Blvd Improvements
Division
Number
Account
Number
Division Number
Account Number
Signed
^` ,ined:
Approval: Finance Director
City Manager
Signed: 6/y /M711 e "j. A&rkA
City Council Approval: City Clerk
Amount
Debit Credit
$26,447.00
$26,447.00
�l >
4P 9
Date
�g4te
Z12 Z t
Date
•
CITY OF NEWPORT BEACH
MINUTE EXCERPT
CITY COUNCIL MEETING
September 27, 1999
ROLL CALL
Present: Adams, Glover, Thomson, Debay, Ridgeway, Mayor O'Neil
Absent: Noyes
10. ARCHES INTERCHANGE STORM DRAINAGE IMPROVEMENTS -
AMENDMENT TO COOPERATIVE AGREEMENT WITH CALTRANS
(C- 2886). 1) Approve Amendment to Cooperative Agreement No. 12- 335 -A1
with Caltrans increasing reimbursement to City by $26,447; 2) authorize the
Mayor and City Clerk to execute the Amendment on behalf of the City; and 3)
approve a Budget Amendment (BA -015) increasing revenue to the
Contributions Fund by $26,447 and appropriating the same amount to
Account No. 7251- C5100199.
Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Mayor O'Neil
Noes: None
Abstain: None
Absent: Noyes
CERTIFIED AS A TRUE AND CORRECT COPY
City Clerk of the City of Newport Beach
DATE:
I: \Users \Cik \Shared\Forms\Minute excerpt - certified copy.doc
STATE OF CALIFORNIA- BUSINESS AND TRANS &TION AGENCY • GRAY DAVIS, Gene
DEPARTMENT OF TRANSPORTATION
DISTRICT 12
3347 MICHELSON DRIVE, SUITE 100
IRVINE, CA 92612
Mr. Don Webb
Director of Public Works
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92658
Dear Mr. Webb:
August 24, 1999
12- Ora -1 -KP 31.80
Drainage Improvements
Within Route 1 / Route 55
Interchange
12221- 074801
Subject: Proposed Amendment to Cooperative Agreement For Execution
Enclosed are five (5) originals of Amendment to Agreement No. 12- 335 -AI between STATE and City
of Newport Beach for the above referenced project.
Please have all five (5) originals of the enclosed Agreement signed by the appropriate City officials and
return them together with five (5) certified copies of the minutes excerpt adopted by the City approving the
Agreement and authorizing its execution.
After signatures by the appropriate STATE officials, you will be furnished a fully executed copy of the
Agreement for your files.
Sincerely,
TAM NGUYEN, Chief
Design Branch B
Enclosures
• •.
12 -ORA -1 KP 31.80 (PM 19.76)
Drainage Improvements within the
Route 1 / Route 55 Interchange
12221- 074801(074811)
District Agreement No. 12 -335 A -1
AMENDMENT TO AGREEMENT
This AMENDMENT TO AGREEMENT, entered into on 19,
between the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as STATE, and
CITY OF NEWPORT BEACH,
a body politic and municipal
corporation of the State of
California, referred to herein as
CITY
0 Districcgrd ment No. 12- 335 -A1
RECITALS
1. STATE and CITY entered into an Agreement (District Agreement No. 12 -335,
Document No. 14210) on May 27, 1998, said Agreement defining the terms and
conditions of a cooperative project to construct drainage improvements on Route 1 as a
contract change order for the Route 55/Route 1 separation project, referred to herein as
"IMPROVEMENTS ".
2. Said Agreement sets STATE's total IMPROVEMENTS obligation at $1,341,820 and it
has been determined that STATE's total IMPROVEMENTS obligation will exceed that
amount.
3. The purpose of this Amendment A -1 is to increase STATE's total obligation for
IMPROVEMENTS.
IT IS THEREFORE MUTUALLY AGREED:
1. The amount specified in Article 15 of Section 1 of the Agreement shall be revised from
$1,341,820 to $1,368,267. See EXHIBIT Al.
2. The amount specified in Article 1 of Section 11 of the Agreement shall be revised from
$1,341,820 to $1,368,267. See EXHIBIT Al.
3. EXHIBIT B of the Agreement shall be deleted in its entirety and replaced with the
attached revised EXHIBIT Al.
4. The other terms and conditions of Agreement No. 12 -335 (Document No. 14210) shall
remain in full force and effect. This Amendment A -1 to Agreement is hereby deemed to
be a part of Document No. 14210.
1
District Agreement No. 12- 335 -AI
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized
officers.
STATE OF CALIFORNIA
Department of Transportation
JOSE MEDINA
Director of Transportation
I:
KENNETH G. NELSON
District Division Chief
Design
Approve s to Form and Procedure:
4" XL-��
Attorney
Department of Transportation
Certified as to Form and Procedure:
Accounting Administrator
Certified as to Funds:
District Budget Manager
CITY OF NEWPORT BEACH
01 ", WLI. e.
Attest: C/4'7U,4X.- M • fir A �l
City Clerk
2
City Attorney
P
0
District A&eemertt 12- 335 -AI
EXHIBIT Al
"IMPROVEMENTS" COST SUMMARY
ACTUAL CONSTRUCTION COST
POTHOLING FOR UTILITIES = $19,050
CONSTRUCT RCB = $1,277,922
EPDXY COATING OF RE -BAR = $75,807
ELIMINATE SHORING DOWNSTREAM END = ($4,512)
TOTAL = $1,368,267
ADDITIONAL REIMBURSEMENT
TOTAL CONSTRUCTION COST = $1,368,267
ALLOCATION FROM COOP AGMT 12 -335 = $1,341,820
ADDITIONAL REIMBURSEMENT (COOP AGMT 12- 335 -A1)=
= $1,368,267 - $1,341,820 = $26,447
FUNDING CONTRIBUTION
TOTAL CONSTRUCTION COST = $1,368,267
STATE'S SHARE = $1,368,267
CITY'S SHARE= $0
TOTAL = $1,368,267
STATE'S DEPOSIT
DEPOSIT = TOTAL CONSTRUCTION COST / DURATION OF CONSTRUCTION
= $1,368,267 / 5 MO = $273,653
INITIAL DEPOSIT = $268,400
REMAINING CONTRIBUTION = $26,447
0
..f'� SHE _C1 -1Y
MAR 2 31998
TO: Mayor and Members of the City Council
FROM: Public Works Department
E
C- �
March 23, 1998
CITY COUNCIL AGENDA
ITEM NO. 6
SUBJECT: SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT
ISLAND BRIDGE (C -2804)
RECOMMENDATIONS:
1. Affirm the Categorical Exemption.
2. Approve the plans and specifications, and authorize a two - bridge contract
(Lido Isle and Newport Island) to be advertised for bid.
DISCUSSION:
The 1971 San Fernando earthquake exposed a number of deficiencies in the
State of California's ( Caltran's) bridge design methods of that time. Caltrans
determined that all bridges within the State should be capable of surviving a
maximum credible earthquake. Some damage was felt to be inevitable, but
collapse was believed to be preventable with proper retrofitting.
Caltrans' seismic retrofit program was initiated immediately after the earthquake.
It's objective was to ensure that bridge superstructure would remain intact after a
large earthquake. The effort was completed in 1987, after some 1300 State
highway system bridges had been retrofitted. The City shared in the effort by
likewise retrofitting the Balboa Island and Lido Isle bridges during 1984 at the
City's sole expense.
The 1989 Loma Prietta earthquake accelerated a second phase of bridge seismic
retrofit in which all 25,000 publicly owned bridges within the State are being
analyzed to determine their resistance to collapse due to a large earthquake.
Special attention is being focused upon bridge foundations.
In 1990, City staff began working with Caltrans officials to expedite this second
phase seismic analysis of the City's 10 bridges. The City retained Dokken
Engineering, a Sacramento -based structural design firm, to prepare a detailed
seismic analysis and a report for retrofitting the City's bridges. Dokken then
prepared a second analysis and report to satisfy Caltran's changing methodology,
and finally during 1996, Caltrans agreed that three of the City's bridges (Balboa
•
l 38 1
i
Subject: SEISMIC RETROFI* LIDO ISLE BRIDGE AND NEWPORT ISLAND BROE (C -2804)
March 23, 1998
Page: 2
Island, Lido isle, and Newport Island) need to be retrofitted for protection against a
large earthquake.
In December of 1996 Caltrans issued the City "Notices to Proceed" with retrofitting
the three bridges. The most recent analysis indicates that the three bridges meet
Caltrans' funding criteria for bridges that are "subject to collapse ", the costs for
final design and construction of the retrofit qualifies for 100% reimbursement with
Federal Highway Administration (FHWA) Highway Bridge Rehabilitation and
Replacement funds and State Seismic Retrofit Program funds. According to
Caltrans' formula, the City was approved for reimbursement for as much as
$264,000 in final design costs and $2.1 million in construction cost.
Retrofitting the Balboa Island Bridge includes placing piles within the intertidal
zone adjacent to some small patches of eelgrass. As a result of the many
biological attributes and organisms associated with it's habitat, eelgrass (Zostera
marina) is identified as a sensitive marine resource by the Department of Fish &
Game, the National Marine Fisheries Service, and the Fish & Wildlife Service.
Accordingly, they require that any disturbance to the eelgrass beds must be
mitigated at City expense.
Because of unresolved mitigation details, a different nature of seismic retrofit
work, and the need to not allow work during summer months, staff recommends
that the Balboa Island Bridge be retrofitted under a separate contract. Staff
anticipates that the Balboa Island bridge retrofit contract will be prepared for
advertisement this summer, such that work may be performed within the period
between Labor Day and Thanksgiving Day.
As for the Lido Isle and Newport Island bridges, the retrofit work is required to be
performed within 75 consecutive work days between the hours of 7:00 a.m. and
6:00 p.m., but not on holidays or Sundays, nor after 3:00 p.m. on a day preceding
a non -work day. Lane closures will be directed by uniformed flagmen and allowed
between the hours of 8:30 a.m, and 4:30 p.m. Assuming no unforeseen delays,
the work should be completed during the summer.
Staff has met with and apprised the Lido Isle and Newport Island community
associations of the upcoming retrofit work and the above - stated work restrictions.
Both associations agree that the contract provisions are as workable as may be
expected.
With regard to permits and approvals, the State has determined that bridge
seismic retrofit projects are categorically exempt from the provisions of the
California Environmental Quality Act (CEQA). The Lido Isle and Newport Island
retrofit projects are exempt from U.S. Coast Guard and California Coastal
Development permit requirements. The Regional Water Quality Control Board •
has waived its water quality certification, and the Corps of Engineers has
Subject: SEISMIC RETROFIT 000 ISLE BRIDGE AND NEWPORT ISLAND BRIDAC -2804)
March 23, 1998
Page: 3
has waived its water quality certification, and the Corps of Engineers has
concurred that bridge retrofit work is authorized under Nationwide Permit 15.
Caltrans' Division of Structures has reviewed PS &E and recommended approval
to the FHWA. To be eligible for federal reimbursement, the project may not be
advertised until it is approved by the FHWA. That approval is anticipated soon.
As stated above, the City's bridge retrofit work is 100% funded by the FHWA and
the State. Dokken's construction estimate is $700,000 for the two bridge retrofit
project. Adequate funds have been budgeted to award a contract for retrofitting
the City's three bridges. Upon award of the "two bridge" contract, staff proposes
that the account balance be re- budgeted to FY 1998 -99 for award of the Balboa
Island bridge retrofit contract later this summer.
Respectfully submitted,
L� a czt-dC :
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By:
Lloyd Iton P.E.
Design Engineer
0 t\ groups\ pubworks \council\98\mar- 23 \retratit.doc