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Home My WebLink AboutCC 4 AG 12LA138 12-07-92CONSENT CALENDAR NO. 4 �, -� 12-7-92 �� ATE: DECEMBER 7, 1992 Inter -Com s,V,� TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SERVICE AGREEMENT NO. 12LA138 AND LOCAL ENTITY -STATE AGREEMENT SUBJECT: NO. STPL-5271(001) PROGRAM SUPPLEMENT NO. 011, MAIN STREET FROM PROSPECT AVENUE TO NEWPORT AVENUE RECOMMENDATIONS: It is recommended that the Tustin City Council, at their meeting of December 7, 1992, by Minute Motion, approve and authorize the Mayor and City Clerk to execute the.subject agreement and supplement. DISCUSSION: The City Council previously approved the Local Entity -State Agreement No. STPL-5271. Program Supplement No. 011 is for the distribution of Federal Intermodal Surface Transportation Efficiency Act Program (ISTEA) funds for the street reconstruction/rehabilitation project on Main Street from Prospect Avenue to Newport Avenue. The total estimated project cost of $359,500.00 for construction and construction engineering will be covered by Federal funds in the amount of $318,265.00 and by City funds in the amount of $41,235.00. Service Agreement No. 12LA138 provides for materials testing service including source inspection, by Caltrans, during construction. The $1,000.00 total estimated cost will be covered by City funds in the amount of $384.00 and by Federal funds in the amount of $616.00. Funding for this project is included in the 1992-93 Capital Improvement Program. Robert S. Ledendecker Director of Public Works/ City Engineer RL:NM:ccg:servagr Attachment L/'!, 416� NesMondok Assistant Civil Engineer z ' November 31 1992 PROGRAM SUPPLEMENT _ 011 Locat_,n: 12-ORA-0-TUS to Project Number: STPL-5271(001) LOCAL AGENCY -STATE AGREEMENT _ E.A. Number: 12-400834 FOR FEDERAL -AID PR0JF.CTS Nn_ 17-5271 ais 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: MAIN STREET FROM PROSPECT AVENUE TO NEWPORT AVENUE TYPE OF WORK: REHABILITATION & STORM DRAIN IMPROVEMENTLENGTH: 0.3 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right -of -Way [ ] [X] Construction Engineering [X] Construction Estimated Costj Federal Funds j Matching Funds Local OTHER OTHER $ 359500 33C $ 318265 $ 41235 $ 0 $ 0 $ 0 CITY OF TUSTIN STATE OF CALIFORNIA Department of Transportation By 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 Offic"Ir s% Date 3 v $ 318265.00 Chapter Statutes I Item Ye Program 1BC1 Fund Source AMOUNT 587 1992 2660-101-890 92-93 20.30.010.810 C 262040 892-F 318265.00 Page 1 of 2 12-ORA-0-TUS STPL-5271(001) SPECIAL COVENANTS OR REMARKS DATE: 11/03/92 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 Maste- 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 $25,0.00 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 Contract No. 12LA138 STPL-5271(001) 12-ORA-O-Tus City of Tustin THIS AGREEMENT, made and entered into on this day of , 1992, ' by and between the CITY OF TUSTIN, 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 Main Street from Prospect Avenue to Newport Avenue. 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 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 fol 1 ows : Total Cost Federal Funds City Funds* $ 19000.00 $ 616.00 $ 384.00 * 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 $384.00 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 $384.00 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. 2 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 TUSTIN Department of Transportation JAMES W. VAN LOBEN SELS BY Director of Transportation BY Deputy District Director Project Management DATE 5