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Home My WebLink About04/05/1994, C-13 - CONSIDERATION OF A SUPPLEMENT TO THE LOCAL AGENCY/STATE MASTER AGREEMENT FOR FEDERAL-AID PROJECTS FOR THE ""BRIDGE REPLACEMENT PROJECT - NIPOMO STREET AT SAN LUIS OBISPO CREEK, CITY PLAN NO. J-12H""."�oi�►��►�IVlllll��ii��ll city of San ..AIs OBIspo COUNCIL AGENDA REPORT MEETING DATE: April 5, 1994 ITEM NUMBER: FROM: Michael D. McCluskey, Director of Public Works -`�( Prepared by: Barbara Lynch, Engineering Assistant SUBJECT: Consideration of a Supplement to the Local Agency /State Master Agreement for Federal -Aid Projects for the "Bridge Replacement Project - Nipomo Street at San Luis Obispo Creek, City Plan No. J -12H". CAO RECOMMENDATION: Adopt a Resolution Approving Program Supplement No. 013 to the Local Agency /State Master Agreement for Federal Projects No. 05 -5016 for "Bridge Replacement Project - Nipomo Street at San Luis Obispo Creek, City Plan No. J -12H11. DISCUSSION: On November 30, 1993 the City Council authorized the advertising of the Nipomo Street Bridge for construction. Bids were opened on February 10th. Caltrans authorized the City to award to the low bidder and on March 8th, the CAO authorized the award to R. Burke Corporation. The City has requested to utilize Caltrans "Local Agency Automated Pay System ". Under this process the City pays its share of the cost of the project to the State at the beginning of the project. The State then issues all payment to the Contractor. The City has utilized this option on previous Federally funded projects. This prevents us from having to front the entire project costs and then apply for reimbursement. This program supplement is required by the State and must be approved by the Council by Resolution in order to allow the use of the Local Agency Automated Pay System and cause this supplement to become part of the master agreement. FISCAL IMPACT: The City will continue to prepare the payment estimates each month; however, the State will process those payments and issue the checks. We will issue a check to the State at the beginning of the job to cover our portion of the construction costs and possibly at the end of the project to cover any additional costs incurred during construction. ATTACHMENTS: Resolution Program Supplement 013 -1, RESOLUTION NO. (1994) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PROGRAM SUPPLEMENT NO.013 TO THE LOCAL AGENCY /STATE AGREEMENT FOR FEDERAL -AID PROJECT NO. 05 -5016 FOR THE "BRIDGE REPLACEMENT PROJECT - NIPOMO STREET AT SAN LUIS CREEK CITY PLAN NO. J -12H" WHEREAS, the City and the State have entered into Master Agreement No. 05 -5016 for Federal -Aid Projects; and WHEREAS, Program Supplement 013 to the Master Agreement provides for the use of the Local Agency Automated Pay System for the Bridge Replacement Project- Nipomo Street at San Luis Creek; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Luis Obispo, California hereby: 1. Approves Exhibit A attached, entitled "PROGRAM SUPPLEMENT NO. 013 to LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 05- 5016 ", and authorizes the Mayor to execute the same. 2. Directs the City Clerk to transmit the two (2) originals, attaching to each a copy of the authorizing resolution to: Mr. John Ritter Asst. Dist. Local Streets & Roads Engineer California Department of Transportation P. O. Box 8114 San Luis Obispo, CA 93403 -8114 Upon motion of I seconded by and on the following roll call vote: AYES: NOES: ABSENT: C'- /3';- Resolution No. (1994) Page Two the foregoing resolution was adopted this day of 1994. MAYOR PEG PINARD ATTEST: CITY CLERK APPROVED: FEE P/rm��z J12h013 1�4-/3 3 Da March 16, 1994 PROGRAM SUPPLEMENT NC.. 013 Locatic,..: 05- SLO -O -SLO to Project Number: BRLS- 5016(003) LOCAL AGENCY -STATE AGREEMENT E.A. Number: 05- 141214 FOR FEDERAL -AID PROJECTS NO. 05 -5016 -leis 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 06/22/78 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: NIPOMO ST Q SLO CREEK BR. #49C -369 TYPE OF WORK: REPLACE BRIDGE & APPROACH ROADWAY LENGTH: 0.1 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right -of -way [ [XI Construction Engineering [X] Construction Estimated Cost Federal Funds Matching Funds Local OTHER OTHER 529000 118 $ 423200 $ 105800I$ 0 $ 0 $ 0 CITY OF SAN LUIS OBISPO By Date Attest Title STATE OF CALIFORNIA Department of Transportation By DISTRICT LOCAL STREET AND ROADS ENGINEER Date hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Off.icerV�%✓ o� 44&;1 5a4K'<_ Date 3- 16 .91 $ 423200.00 Chapter) Statutes I Item 55 1993 2660- 101 -890 93 -94 Program 1BC1 Fund Source I AMOUNT 20.30.010.300 C 224060 892 -F Page 423200.00 1 of 3 6/9_� CS- SLO -O -SLO BRLS - 5016(003) SPECIAL COVENANTS OR REMARKS DATE: 03/16/94 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. The attached Special Covenants covering the use of Caltrans' Local Agency Automated Pay System (LAAPS) are applicable to this project. S. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 6. 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 3 ��3v� Dat,.: March 16, 1994 File: 05- SLO -O -SLO Project No. BRLS- 5016(003) Prog. Supp. No. 013- SPECIAL COVENANTS FOR CALTRANS LOCAL AGENCY AUTOMATED PAY SYSTEM (LAAPS) Caltrans has granted approval to CITY OF SAN LUIS OBISPO's request for the use of Caltrans Local Agency Automated Pay System. A. CITY OF SAN LUIS OBISPO will abide by the requirements as set forth in the State of California, Department of Transportation's Policy and Procedure Memorandum P80 -10, dated March 20, 1980, and as revised January 12, 1988 regarding the use of Caltrans Local Agency Automated Pay System. B. Attention is called to some pertinent requirements for the use of LAAPS. 1. Subsequent to the bid opening, the Detail Estimate as based on the bid of the successful bidder will determine the Local Agency's share of the construction cost. (a) Should the Local Agency's share of the construction cost be greater than the amount on deposit with the State for this purpose, a supplemental deposit of the difference will be required prior to the award of the contract. (b) Any Local Agency Funds on deposit with the State not required for the Agency's share of the construction cost as determined by the Detail Estimate will be returned to the Agency. 2. The Local Agency agrees to provide the following information to the State upon award of the contract: (a) Contract award date. (b) Certification of Contractor's License form for verification by the State. (c) Contract approval date and Contractor's first work day. (d) Contractor's name and the voucher mailing address (for the warrant) including any subsequent change of address. (e) Name, address, telephone number and title of the local agency representative who can accept legal actions filed against the contract under the Civil Code. Page 3 of 3