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HomeMy WebLinkAbout05 CIP 700126, 129, 153 5-19-97NO. 5 AGEN DATE: MAY 19, 1997 Inter-Com 5-19-97 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTME~/~G~.F.~G DIVISION PROGRAM SUPPI.EMENT AGREEMENT NO. 014-R1 TO LOCAL AGENCY - STATE AGREEMENT NO. 12-5271 FOR NEWI~RT AVENUE REHABILITATION PROJF_~T (CIP NOS. 700126, 700129 AND 700153) RECOMMENDATION It is recommended that the Tustin City Council at their meeting of May 19, 1997, by minute motion, approve and authorize the Mayor and City Clerk to execute the subject supplement agreement. FISCAL IMPACT The total estimated Preliminary Engineering, Construction Engineering and Construction cost is $879,000.00. The Federal funding match is 50%, therefore Federal and City funds required will be $439,500 each. Funding for this project is included in the 1996-97 Capital Improvement Program. BACKGROUND In October 1994, the City of Tustin submitted applications for rehabilitation of three segments of Newport Avenue to the Orange County Transportation Authority (OCTA) as part of the application for the Orange County Combined Transportation Funding Programs (OCCTFP) Fiscal Year 1995-96 through 1999-2000 under the Arterial Highway Financing Program (AHFP) and/or the Local Surface Transportation Program (LSTP). The first segment is from south of McFadden Avenue to Nisson Road; the second segment is from south of El Camino Real to south of Bonita Street along with El Camino Real from west of Newport Avenue to East of Orange Street; and the third segment is south of Bonita Street and north of First Street, as shown on the attached location maps. Due to the Orange County bankruptcy, the AHFP fund was no longer available, therefore, City applications competed for the remaining LSTP rehabilitation federal funds. On June 26, 1995 the OCrA Board of Directors approved the above segments of Newport Avenue Pavement Rehabilitation Project for LSTP federal funds with 50% match for design and construction phases. The City Council previously approved the Master Local Agency - State Agreement No. 125271 in 1979. The initial Supplement Agreement No. 014 to the Local Agency - State Agreement was approved by City Council on November 4, 1996 for the reimbursement of federal funds for final design only. This Program Supplement Agreement No. 014-R1 revises and supersedes the previously approved agreement and incorporates costs for consm~ction and construction engineering. The City Attorney has reviewed Program Supplement Agreement No. 014-R1 and has approved as to form. Tim D. Serlet ~' Director of Public Works/City Engineer Nestor Mondok Assistant Civil Engineer Wisam Altowaiji Associate Civil Engineer Z VSI:IOA 103dSO~ld ~-~ _[ Z ONII/~VO '13 PROGRAbl SUPPLEI~R!TT '~O. 014 Rev.1 to LOCAL AGENCY-STAT~ AGREEMENT FOR FEDERAL-AID PROJECTS NO. 12-5271 Date: April 17, 1997 L~ -tion: 12-ORA-0-TUS Project mber: STPLMA-5271(003) E.A. mumber: 12-929356 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 10/15/79 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: NEWPORT AVE: S/O MCFADDEN AVE TO NISSON RD & S/O EL CAMINO REAL TO N/O FIRST ST. & EL CAM~NO REAL: W/O NEWPORT AVE TO E/O ORANGE AVE. 'I'YPE OF WORK: RECONSTRUCT & OVERLAY AC PAVEMENT LENGTH: 1 . 0 (MILES) PROJECT CLASSIFICATION OR PIiASE(S) OF WORK [X] Preliminary Engineering [ ] Right-of-Way [X] Construction Engineering [X] Construction [ ] Estimated CostI Federal Funds Matching Funds 879000 34B $ 439500 $ 0 Local 439500 OTHER $ 0 OTHER $ City of Tustin By Date Attest Title STATE OF CALIFORNIA Department of Transportation' By Chief, Office of Local Programs Project Implementation Date I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Offic~~~/~~~_~~ate ~-/7. ~.? $ 162 1996' 2660-101-890 . 96-97 20.30.010.810 'C 262040 892-F 439500.00 AMOUNT 439500.00 Page 1 of 2 .. 12 'ORA' 0 -TUS STPLMA- 5271 (003)'~ SPECIAL COVENANTS OR REMARKS DATE: 04/17/97 1. This Revised Program Supplement supersedes Program Supplement approved bY the Local Agency's Governing Body on 11/15/96 2. 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. 3. The Local Agency will advertise, award and administer this project in adcordance with the current Local Program Procedures or the new LoCal Programs Manual, when issued. 4. The Local Agency will reimburse the State~ for their share of costs for work.requested to be performed by the State. 5. 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. 6. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances,, contained in the aforementioned Master Agreement for Federal-Aid Program. 7. 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