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HomeMy Public PortalAboutState of California Date: September 12, 1990 -PRSIIPPLEMENT N� 018 ` i,ocat. 12-ORA-0-FUL to Project Number: M- 929041-929 41 LOCAL AGENCY-STATE AGREEMENT I E.A. Number: 12 FOR FEDERAL-AID PROJECTS NO. 12-5133 CRP-L089 (403) - 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 11/15/77 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: EUCLID ST. ; MALVERN AVE. - BASTANCHURY RD. TYPE OF WORK: HIGHWAY RECONSTRUCTION LENGTH: 0. 1 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [X] Right-of-Way [ ] [X] Construction Engineering [X] Construction Estimated Cost Federal Funds Matching Funds Local OTHER OTHER $ 1, 698, 063 W36 $ 1, 277,522 $ 420,541 $ 0 $ 0 0 CITY OF FULLERT N STATE OF CALIFORNIA Department of Transportation By By l J MAC. l /,I ' Mayor 17�p.DISTRICT DIRECTOR, DISTRICT 12 Date /0 Ile,ho DateJD"i q 9, Attest e� Title City Clerk I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Office �� Date •/,2- >'D $ 1277522 . 00 Chapter Statutes Item Y ar Program �BC1 Fund Source AMOUNT 467 1990 2660-101-890 90-91 20.30.010.200 C 229020 892-F 1277522.00 l.(" C�Vel< 1L 12-ORA-0-PUL DATE:September 12 , 1990 M-M077(008) MAGE: 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 . In awarding, or agreeing to award the contract, the Local Agency agrees the payment of Federal fun&o will be limited to the amount approved by the Federal Highway Administration in the Federal-Aid Project Agreement (PR-2)/Detail Estimate, its modification PR-2A or the FNM-76, and accepts any increases in Local Agency funds. 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 Federal or State Funds to pay 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 ox sub-contractor incur- ring 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 48, part 31, Contract Cost Principles. Date: Noveml 29, 1989 PROGRAM SUPPLEMENT 016 Loca�._�n: 12-ORA-0-FUL to I Project Number: M-M077 (006) LOCAL AGENCY-STATE AGREEMENT E.A. Number: 12-929031 FOR FEDERAL-AID PROJECTF NO. 12-5133 This Program Supplement is hereby incorporated into the Local Agency-State Agreement for Federal Aid which was entered into between the Local Agency and 4 the State on 11/15/77 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: EUCLID ST. ; MALVERN AVE. - BASTANCHURY RD. TYPE OF WORK: ST. IMPROVEMENT & MINOR WIDENING & TSM LENGTH: 1. 0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Preliminary Engineering [ ] Right-of-Way [ ] [ ] Construction Engineering [ ] Construction Estimated Cost Federal Funds I Matching Funds LocalOTHER OTHER $ 62 , 000 W36 $ 53 ,239 $ 8, 761 $ 0 $ 0 $ 0 CITY OF FULLERTON STATE OF CALIFORNIA Depa t of Tffrans ation B1 / Y�, v 1 B . Rayor Pro Tem V�a§TR DI ECTOR, DISTRICT 12 Date 8 /9 D Date2?1 �23 , A,test _ Y �� APPR Title City Clerk R.K2 FOX > tE ---- -- I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Ofic Date $ 53239 . 00 Chapter statutes I Item )Yar Program IBCI Fund Source AMOUNT 93 1989 2660-101-890 89-90 20.30.010.200 C 229020 892-F 53239.00 OFFICIAL COPY PLEASE RETURN TO OFFICE OF CITY CLERK 12-ORA-0-FUL DATE:November 29 , 1989 14-M077 (006) 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 Federal or State Funds to pay 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 incur- ring 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 48, part 31, Contract Cost Principles. Date: Novemb 29, 1989 -FPRO1QRAM SUPPLEMENT L . 017 Locatr�n: 12-ORA-0-FUL to I Project Number: M-M077 (007) LOCAL AGENCY-STATE AGREEMENT E.A. Number: 12-929030 FOR FEDEPtAL-AID PROJECTS NO. 12-5133 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 11/15/77 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: EUCLID ST. ; ROSECRANS AVE. - N.C.L. TYPE OF WORK: ST. IMPROVE. , STORM DRAIN IMPROVE. & TSM LENGTH: 1. 0 (MILES) PROJECT CLASSIFICATION OR PHASE (S) OF WORK [X] Preliminary Engineering [ ] Right-of-Way [ ] [ ] Construction Engineering [ ] Construction Estimated Cost Federal Funds Matching Funds Local OTHEROTHER $ 53, 000 W36 $ 45, 511 $ 7, 489 $ 0 $ 0 $ 0 CITY OF FULLERTON STATE OF CALIFORNIA Depart ent of Trans ortation By By Mayor Pro Tem 4�'IST CT D RECTOR, DISTRICT 12 M Cv LateAr, 191 .9e Date _4.3 y / 0 1� test b K VitleLty Clerk I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Office 87'7 Date 119q_0r_l $ 45511. 00 Chapter Statutes I Item Ly)r I Program IBCI Fund Source I AMOUNT 93 1989 2660-101-890 89-90 20.30.010.200 C 229020 892-F 45511.00 OFFICIAL COPY PLEASE RETURN TO OFFICE OF CITY CLERK 12-ORA-0-FUL DATE:November 29, 1989 M-M077 (007) 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 Federal or State Funds to pay 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 incur- ring 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 48, part 31, Contract Cost Principles. 07--Ora-57 23.9 07364 - 255501 Brea Boulevard at Bastanchury Road District Agreement 14o. 2585-S-1 THIS AGREEMENT , MADE AND ENTERED INTO THIS DAY OF 19 Al'- BY AND BETWEEN CITY OF FULLERTON a body politic and a municipal corporation of the State of California, hereinafter referred to as "'CITY" AND STATE OF CALIPOP14IA acting by and through its Business and Transportation Agency, Department of Public Works , Division of Highways , hereinafter referred to as ';STATE I WHEREAS, STATE and CITY entered into Agreement No. 2585 executed by CITY on May 20 , 1970 , and by the STATE on June 10 , 1970 , providing for distribution of cost for modifying the traffic control signal system at the intersection of Bastanchury Road with State Highway Route 57 (Brea Boulevared) , all of which is situated within the City of Fullerton. WHEREAS , Agreement No. 2585 provides the CITY'S estimated share of the installation of traffic control signal system at $13,000 . WHEREAS, the new estimate of CITY 'S share based on construction cost and construction engineering cost is $16 ,000 . IMM IT IS THEREFORE AGREED that CITY'S total estimated share of $16 ,000 will include the CITY 'S pro- portionate share of modifying of signals at the intersec tion of Bastanchury Road with State Highway Route 57 (Brea Boulevard) . Nothing in this Supplemental Agreement shall be construed as changing any provisions of Agreement No. 2585 except as herein stated. _w2- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers , duly authorized, the provisions of which AgreeTment are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA CITY OF FULLERTON Department of Public Works Division of Highways A k A By .avor J. A. LEGARRA State Idghway Engineer Attest City Clerk T.P. L RS BY DEPUTY JDISTXXT EMM"A v"m­D.Fs-t-rYc�t—fn4f i�ei Approved as to form and procedure ! y t e_ ITEC NO CITY MAI..1. • 303 WEST COMMONWEALTH AVENUE • FULLERTON, CALIFORNIA PH. LAMBERT 5-7171 r ib CITY OF FULLERTON August 26, 1970 City Adi1inistrator City of Fullerton Re: Council Agenda Subject: Cooperative Agreement for Modification of Signal al Brea and Bastanchury On May 19, 1970, the Council apprO-red exlecution on behalf of the City of a cooperative agreement with the State Division of Highways for the modification of #:-lire signals at the intersection of Brea Boulevard and Bastanchury Road. Subsequent to the City' s execut'-J orl. of the agreement, the State Div^ 1,.,,,n. of Highways found an : rrox in the project cost est ,inate increases the City' s estimated share of the project from fl.3,CK. J t,_� $16,000, and the total cost increases from $21,500 to 427,250. The State has submitted for execution by the City an agreement which atilends the previously executed agreement with regard to the City' s estimated share of the project. The City' s final share will still be based on the actual project costs. Funds in addition to the $13,000 specifically budgeted for the project are available in the Broolrlaurst Road extension project. RECOMMENDATION Authorize the Mayor and City Clerk to execute the agreement on behalf of the City and authoriz:1 abudget transfer of $3,000 from Account 38-92-839 to Account 26F-99_8+2. ugh L.UBerry Director of Public Works HLB-GPD:eg Sixi,� i ed for Agenda: City A -lini strator TM Ito,..._ Jou 15 '3 so M 07-Ora-57 23.9 07364 - 255501 Brea Boulevard at Bas tanchury Road District Agreement No. 2585 THIS AGREEMENT, MADE AND ENTERED INTO THIS DAY OF 19 BY AND BETWEEN CITY OF FULLERTON a body politic and a municipal corporation of the State of California, hereinafter referred to as "CITY" WiD STATE OP CALIFORNIA acting by and through its Business and Transportation Agency, Department of Public works , Division of Highways, hereinafter referred to as STATE" WhEREAS, STATE and CITY contemplate modification of traffic control signal system at the intersection of Bastanchury Road with State Highway Route 57 (area Boulevard) , a portion of which is situated within the City of Fullerton, and desire to specify herein the terms and conditions under which said system is to be modified, financed and maintained. NOW, THEREFORE, in consideration of the covenants I and conditions herein contained, the parties hereto agree as follows: SECTION I STAT": engineering costs (including all direct and indirect costs ( (functional and administrative overhead assessment) ) attributable to such work, applied in accordance with STATE'S standard accounting procedures) and construction costs required to complete the modification referred to herein, such share to be a sum bearing the same proportion to the total cost of modification of the traffic control signal system as the number of legs of highways under jurisdiction of STATE at the intersection involved bears to the total number of lees of highways at such intersection. (3) To maintain and operate the entire traffic control signal system as modified. SECTION II CITY AGREES: (I) To deposit with STAT; within 30 days of receipt of billing therefore (which billing will be forwarded immediately following State's bid advertising date of a construction contract for the aforesaid modification) , the amount of $13,000 , which figure represents CITY'S estimated share of construction engineering costs and construction costs required to complete the modification referred to herein. -3- The actual amount of CITY'S share of construction engineering costs (including all direct and indirect costs ( (functional and administrative overhead assessment) ) attributable to such work, applied in accordance with STATE 'S standard accounting procedures) and construction costs will be determined after completion of work and a financial settlement made upon final accounting of coats . Said share will be a sum bearing the same proportion to the total cost of modification of the traffic control signal system as the number of legs of highways under jurisdiction of CITY at the intersection involved bears to the total number of legs of highways at such intersection. (2) To reimburse STATE for CITY proportionate share of the cost of maintenance and operation of said traffic control signal system, such share to be determined in the manner provided in that Agreement for Maintenance of State highways within the CITY which is in effect at the time said costs are incurred, or if no such agreement exists , such share to be a sum bearing the same proportion to the total cost of maintenance and operation of said traffic control signal system as the number of legs of highways under jurisdiction of the CITY bears to the total number of legs of highway at such intersection. -4- SECTION III It is mutually understood and agreed: (1) That obligations of STATE under terms of this Agreement are subject to the allocation of funds by the California 1-fighway "Commission. (2) That 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 CITY under or in connection with any work, authority or jur-AIsdiction delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4 CITY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined' by Government Code ':',action 810 .8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. (3) That neit1aer CITY nor any officer or employee Uiereof, is i � sponsible for any damage or 'Liability occurring by reason of anything done or omit:eco to be done by STATE under or in connection with any work., authority or jurisdiction not delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4 , STATE -5.. shall fully indemnify and hold CITY 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 not delegated to CITY under this Agreement. (4) That, should any portion of the project be financed with Federal Funds or State gas tax funds all applicable procedures and policies relating to the use of such funds shall apply nothwithstanding other provisions of this Agreement. 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. -6,_ STATE OF CALIFORNIA CITY OF FULLERTON Department of Public storks Division of Highways By Mayo J. A. LEGARRA State Highway Engineer / e Attest-.-- Deputy sDistrict ngi&ie r Approved as to Form and Frocedur . ty ��.t rney .. _7_ CITY HALL • 303 WEXT COMMONWEALTH AVENUE • FULLERTON. CALIFORNIA o PN. LAMKRB 5.7171 ITEM N0.-Z L— CITY OF FULLERTON May 13, 1970 City' Adii,,Iinistrator City of Fullerton Re: Council Agenda Subject : Cooperative Agreement for Modification of Signal at Brea and Bastanchury The State Division of Highways has recommended the modification of the existing signal installation at the intersection of Brea Boule- vard and Bastanchury Road by installing left turn signals and raised median islands on Bastanchury Road. Inasmuch as Brea Boulevard is a State Highway, the State has sub- mitted for the City' s execution a cooperative agreement which provides for the State to bear the cost of preparing plans and specifications, one-'half the cost of construction engineering and inspection, and one--half the cost of the left turn signals. The City would bear the remainder of the costs including the full cost of the raised median islands. The total cost of the project is estimated to be $21 ,500, with the City' s share being $131000- A part of the funds for this project are included in this year' s budget with the remainder to be budgeted next year. Billing by the State will not occur until next fiscal year. RECOMMENDATION Authorize the Mayor and City Clerk to execute the agreement on behalf of the City. Hug'h L. Cterry Director of Public Works HLB :eg Attachment SIGNAL MODIFICA- RECOMMENDATION - That the Mayor and City TION, BREA & Clerk be authorized to execute on behalf BA 97 URY: of the City a Cooperative Agreement with the State for modification of signal at 5-19-70 Brea and Bastanchury.