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HomeMy WebLinkAboutC-2901(A) - Jamboree Road Rehabilitation Ford Road to Bristol (Program Supplement)C e: October 30, 1992 PROGRAM SUPPLEMENT 008 Locatgn: 12- ORA- 0 -NPTB to Project Number: STPL- 5151(001) LOCAL AGENCY -STATE AGREEMENT I E.A. Number: 12- 400694 FOR FEDERAL -AID PROJECTS NO. 12 -5151 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 08/11/77 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. approved by the Local Agency on (See copy attached). The Local 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: JAMBOREE ROAD FROM FORD ROAD TO BRISTOL STREET nq "j `'d TYPE OF WORK: PAVEMENT REHABILITATION LENGTH: 1.9 (MILES) PROJECT CLASSIFICATION OR FRASE(S) OF WORK ( ] Preliminary Engineering ( J Right -of -Way ( ] [X] Construction Engineering [X] Construction Estimated Cost Federal Funds I Matching Funds Local OTHER OTHER $ 1100000 33C $ 973830 $ 1-261-701$ 0 $ 0 $ 0 CITY OF NEWPORT BEACH STATE OF CALIFORNIA Department of Transportation M By DISTRICT DIRECTOR, DISTRICT 12 Date Date Attest Title 1 hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Office Date V' , Z $ 973830.00 Chapter Statutes I Item 0 Year Program ISCI Fund Source I AMOUNT 587 1992 2660-101 -890 92.93 20.30.010.810 C 262040 892 -F 973830.00 Page 1 of 2 i 12- ORA- 0 -NPTB STPL- 5151(001) E SPECIAL COVENANTS OR REMARKS DATE: 10/30/92 PAGE: 2 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 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 Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master for Federal -Aid Program,.__ 5. 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 CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 Contract No. 12LA119 STPL- 5151(001) 12- ORA- O -NptB City of Newport Beach THIS AGREEMENT, made and entered into on this day of , 1992, by and between the CITY OF NEWPORT BEACH, a body politic and a municipal corporation of the State of California, hereinafter referred to as "LOCAL AGENCY" and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE ". WITNESSETH: WHEREAS, LOCAL AGENCY contemplates improvement at Jamboree Road from Ford Road to Bristol Street. hereinafter referred to as "PROJECT "; and WHEREAS, LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE desire to specify herein the conditions under which STATE services are to be provided for and financed. NOW THEREFORE, in consideration of the coveeewts Ud conditions herein contained, the parties hereto agree as follows: \ 1 SECTION I STATE AGREES: 1. To perform the following engineering services as authorized by Section 131 of the Street and Highway Code; provide materials testing service, including source inspection for the construction phase of PROJECT. 2. Prior to commencement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3. The funding for work to be performed under this agreement is as follows: Total Cost Federal Funds City Funds* S 2,000.00 - - 5-11232.00 $ 768.00 * The FHNA will not participate in the 49% overhead charges. 4. Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $768.00 which figure represents LOCAL AGENCY's advance deposit to finance the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 5. Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. 2 SECTION II LOCAL AGENCY AGREES: 1. To do all work necessary to ensure the successful completion of the PROJECT except for that work which STATE has agreed to perform in Section I of this Agreement or by separate agreement. 2. To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of $768.00 which figure represents the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 3. Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinabove, required to complete LOCAL AGENCY's cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinabove in Section I, Article (4) will be determined upon completion of all such work and, final accounting of all related charges, and shall be a sum of the following: a. Salary costs computed in accordance with STATE's standard accounting procedures. b. Travel and per diem expenses including charges for the use by such employees of STATE vehicles, if required, in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. C. Functional indirect and administrative overhead costs computed in accordance with STATE's Accounting Manual Chapter 11, Table 6 -2. d. Less any Federal reimbursement paid directly to STATE for engineering I services provided pursuant to this Agreement. 3 1 0 1. That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE's services immediately and shall notify STATE in writing of such termination. 2a. That STATE will indemnify and save LOCAL AGENCY, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of this Agreement. 2b. That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any end all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by LOCAL AGENCY personnel within the scope of this Agreement. 3. That should any portion of the PROJECT be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 4 I. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA CITY OF NEWPORT BEACH Department of Transportation JAMES W. VAN LOBEN SELS BY Director of Transportation BY Deputy District Director Project Management CITY O NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: FINANCE DIRECTOR (714) 644 -3005 FROM: CITY CLERK DATE: January 14, 1993 SUBJECT: Contract No. C- 2901(A) Description of Contract Service Agreement and Program Supplement for Jamboree Road Rehabilitation from Ford Road to South Bristol Street Effective date of Contract January 5, 1993 Authorized by Minute Action, approved on December 14; 1992 Contract with State of California Address Department of Transportation, District 12 2501 Pullman Street Santa Ana, CA 92705 Amount of Contract (See Agreement) "W�6e - Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach is BY THE CITY COUNCIL CITY Of NEWPORT BEACH nR� 1 d 1992 • December 14, 1992 CITY COUNCIL AGENDA ITEM NO. 6 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: JAMBOREE ROAD REHABILITATION FROM FORD ROAD TO SOUTH BRISTOL STREET (C- 2901) (A) RECOMMENDATIONS: 1. Adopt a resolution authorizing the Mayor and the City Clerk to enter into service and program supplement agreements with the State of California. 2. Authorize the Mayor and the City Clerk to execute Service Agreement No. 12LA119 and Program Supplement No. 008 to Local Agency -State Agreement for Federal -Aid Projects No. 12 -5151. DISCUSSION: This project is funded with an allocation of $973,830 (88.53 %) Intermodal Surface Transportation Efficiency Act ( ISTEA) funds to $126,170 (11.47 %) City funds. Award was made at the Council Meeting of November 23. The ISTEA funds will be processed after the City executes and forwards agreements and certified resolutions to Caltrans. The proposed work consists of reconstructing portions of existing street, crack sealing existing pavements, and constructing an A.C. overlay over reinforced pavement fabric (see attached Exhibit). The project will improve the rideability and drainage of the pavement surface with an adequate structural section for present and future traffic demands. Plans and specifications were prepared by the Public Works Department. The estimated date of completion is April 19, 1993. Benjamin B. Nolan Public Works Director GW:so Attachment RESOLUTION NO. 92 -140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CITY PARTICIPATION IN THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) PROGRAM AND EXECUTING AGREEMENTS WITH THE STATE OF CALIFORNIA. WHEREAS, the City of Newport Beach has applied for funding for eligible projects pursuant to the Intermodal Surface Transportation Efficiency Act (ISTEA) Program; and WHEREAS, approval of a Master Agreement is a prerequisite to participation in the State -Local Partnership Program; and WHEREAS, the City Council has reviewed and desires to approve the Master Agreement between the State of California and the City of Newport Beach, and to authorize the execution of any other document necessary to obtain funding for eligible projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: 1. The Mayor and City Clerk are hereby authorized to execute Service Agreement Number 12LA119 and Program Supplement Number 008 to Local Agency -State Agreement for Federal -Aid Project Number 12- 5151 authorizing City participation in the State -Local Program; 2. The Mayor, City Clerk or other appropriate City employee are hereby authorized to execute and document necessary or appropriate to apply for, or receive, funding pursuant to the State -Local Program. ADOPTED, this 14th day of December 1992. ATTEST: CITY CLERW U r PROGRAM SUPPLEMENT N . 008 to LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 12 -5151 D : October 30, 1992 Locate : 12- ORA- 0 -NPTB Project Number: STPL- 5151(001) E.A. Number: 12- 400694 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 08/11/77 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. 42 -140 approved by the Local Agency on (2 -14 -4 Z (See copy attached). The Local 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: JAMBOREE ROAD FROM FORD ROAD TO BRISTOL STREET TYPE OF WORK: PAVEMENT REHABILITATION LENGTH: 1.9 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right -of -Way [ ] [X] Construction Engineering [X] Construction Estimated Cost Federal Funds Matching Funds Local OTHER OTHER $ 1100000 33C $ 973830I$ 126170 $ 0 $ 0 $ 0 CITY OF WPORT BEACH STATE OF CALIFORNIA Department of Transportation B By Mayor DISTRICT DIRECTOR, DISTRICT 12 Date Attest v , Title 1 hereby Certify upon my personal knowleddgethat budget VPh1P(aM\' able for this encumbrance: Accounting OfficeO "� Date /V'.; , '7 Z $ 973830.00 Chapter Statutes I Item W Year W Program BC1 Fund Source i AMOUNT 587 1992 2660- 101 -890 92-93 20.30.010.810 C 262040 892 -F 973830.00 Page 1 of 2 " 12- ORA- 0 -NPTB • DATE: 10/30/92 STPL- 5151(001) PAGE: 2 SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 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 Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 5. 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 CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 SERVICE AGREEMENT C _ a %�,l (f1) 1] Contract No. 12LA119 STPL- 5151(001) 12- ORA- O -NptB City of Newport Beach THIS AGREEMENT, made and entered into on this 5110 day of,va.� , 1993, by and between the CITY OF NEWPORT BEACH, a body politic and a municipal corporation of the State of California, hereinafter referred to as "LOCAL AGENCY" and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE ". WITNESSETH: WHEREAS, LOCAL AGENCY contemplates improvement at Jamboree Road from Ford Road to Bristol Street. hereinafter referred to as "PROJECT "; and WHEREAS, LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE desire to specify herein the conditions under which STATE services are to be provided for and financed. NOW THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: 1 STATE AGREES: SECTION I 0 1. To perform the following engineering services as authorized by Section 131 of the Street and Highway Code; provide materials testing service, including source inspection for the construction phase of PROJECT. 2. Prior to commencement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3. The funding for work to be performed under this agreement is as follows: Total Cost Federal Funds City Funds* $ 2,000.00 E 1,232.00 $ 768.00 * The FHWA will not participate in the 49% overhead charges. 4. Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $768.00 which figure represents LOCAL AGENCY's advance deposit to finance the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 5. Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. 2 0 LOCAL AGENCY AGREES: SECTION II 0 1. To do all work necessary to ensure the successful completion of the PROJECT except for that work which STATE has agreed to perform in Section I of this Agreement or by separate agreement. 2. To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of $768.00 which figure represents the total estimated cost less anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 3. Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinabove, required to complete LOCAL AGENCY's cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinabove in Section I, Article (4) will be determined upon completion of all such work and, final accounting of all related charges, and shall be a sum of the following: a. Salary costs computed in accordance with STATE's standard accounting procedures. b. Travel and per diem expenses including charges for the use by such employees of STATE vehicles, if required, in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. C. Functional indirect and administrative overhead costs computed in accordance with STATE's Accounting Manual Chapter 11, Table 6 -2. d. Less any Federal reimbursement paid directly to STATE for engineering services provided pursuant to this Agreement. 3 SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE's services immediately and shall notify STATE in writing of such termination. 2a. That STATE will indemnify and save LOCAL AGENCY, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of this Agreement. 2b. That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by LOCAL AGENCY personnel within the scope of this Agreement. 3. That should any portion of the PROJECT be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA CITY OF NEWPORT BEACH Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation BY 5vL� f1�—^ -�—(Deputy District Director Project Management - -5--0t3 ULrlq 5 STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Gowen , DEPARTMENT OF TRANSPORTATION DISTRICT 12 2501 PULLMAN STREET SANTA ANA, CA 92705 January 5, 1993 Mr. Benjamin B. Nolan Director of Public Works City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 SUBJECT: EXECUTED ISTEA PROGRAM AGREEMENTS Dear Mr. Nolan: Attached is one fully executed signature copy of both the State Service Agreement and Program Supplement to the Local Agency - State Agreement for the following ISTEA Project: Project No. STPL- 5151(001) Program Supplement No. Service Agreement No. 008 12LA119 If you have any questions, please contact Paul Chang at (714) 724 - 2174. Attachments Sincerely, c^y u Saied Hashemi, hief Local Streets Roads Branch District 12 —ft 1 1 1993 0 0