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