HomeMy WebLinkAbout12 T.R. ELEM BUS TURN 09-18-95 NO. 12
9-18-95
in t e r- C o m '
..)ATE:
SEPTEMBER 18, 1995
TO'
FROM'
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
TUSTIN RANCH ELEMENTARY 'SCHOOL BUS TURNOUT AGREEMENT
RECOMMENDATION
It is recommended that the Tustin City Council, at their meeting of September 18, 1995, approve
the attached agreement with the Tustin Unified School District and Trittipo & Associates for the
relocation of a bus turn-out on Robinson Drive in front of TUstin Ranch Elementary School;
authorize the Mayor to sign said agreement, and appropriate $13,801.16 from the liability fund
(Fund No. 820).
FISCAL IIVIPACT
Under the terms of the agreement, the City will' be responsible for a one-third share of the
construction cost not to exceed a maximum of $13,801.16. There is an adequate balance in the
liability fund to cover the City's share of construction costs.
BACKGROUND
During the construction of street imProvement work on Robinson Drive to accommodate
driveway access and school bus parking associated with the operation of Tustin Ranch
Elementary School, it was discovered that the partially constructed bus turn-out on Robinson
Drive impaired the operation of the existing bike lane on Robinson Drive. It was therefore
necessary to issue a construction change order to the contractor to reconstruct the bus turn-out
to avoid conflict with bicyclists using the bike lane during those times school buses would be
occupying the turn-out. Subsequently, the school district, the architect (Trittipo & Associates)
and the City of Tustin disputed who had the ultimate responsibility for the payment of costs
associated with the construction contract change order to relocate the turn-out. In an effort to
avoid lengthy and expensive litigation that could ultimately exceed the estimated cost of the
change order, $41,403.47, the parties agreed to equally share in the cost of the change order
with the caveat that the City would not be responsible for or share in the cost of the relocation
of any Southern California Edison facilities necessitated by the construction of the bus turn-out.
The City Attorney has reviewed and approved the attached agreement.
Tim D. Serlet
Director of Public Works/
City Engineer
TDS:klb:bustm
Atlachment
AGREEMENT
THIS AGREEMENT is made and entered into this day of September, 1995, by and
between the TUSTIN UNIFIED SCHOOL DISTRICT ("DISTRICT") , the CITY OF TUSTIN
("CITY") and TRITI'IPO & ASSOCIATES CTRITTIPO"), sometimes hereafter referred to collectively
as "Parties".
RECITALS
WHEREAS, the general contractor for the Tustin Ranch Elementary School, Douglas E.
Barnhart, Inc., constructed portions of a bus turnout located on Robinson Drive at the new Tustin Ranch
Elementary School; and
WHEREAS, it has been determined that a change order has to be issued for the purpose of
moving the bus turnout easterly onto the school site for the purpose of, among other things, allowing
continued access to the bike lane on the easterly side of Robinson Drive; and
WHEREAS, a dispute has arisen as to who would pay for the cost of the necessary changes to
move the bus lane, including the relocation of certain facilities of Southern California Edison Company;
and
WHEREAS, the Parties desire to compromise on this issue.
NOW THEREFORE, the Parties agree as follows:
1. Except as provided under paragraph 3 hereinbelow, DISTRICT and TRITTIPO shall each
pay for one-third'(33-1/3%) of the cost of the change order being issued to Douglas e. Barnhart, Inc.
2. DISTRICT and TRITrIPO shall be responsible for payment of all direct costs to Southern
California Edison Company for relocation of any facilities required under this change order.
3. CITY shall pay the remaining one-third (33-1/3%) of the cost of the change order being
issued to Douglas E. Bamhart, Inc. In no event shall City's payment of its one-third share of costs for
this change order exceed one-third (33-1/3%) of $41,403.47.
4. CITY shall not be responsible for any costs, either direct or indirect, in connection with
the relocation of Southern California Edison Company facilities.
5. Payments by the Parties under this Agreement shall be made by reimbursement to the
-I-
DISTRICT from the CITY and TRITTIPO as evidenced by copies of invoices submitted by the
DISTRICT to the CITY and TRITTIPO.
6. In addition, TRITTIPO further agrees to absorb the necessary costs incurred by
TRITrIPO and any engineering firms in redesigning the bus turnout.
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement on
the date and year above written.
TUSTIN UNIFIED SCHOOL DISTRICT
APPROVED AS TO FORM:
PARKER, COVERT & CHIDESTER
By:
Its:
By:
Clayton H. Parker
CITY OF TUSTIN
APPROVED AS TO FORM:
CITY ATrORNEY
By:
Its:
By:
Lois E. Jeffrey
TRITTIPO & ASSOCIATES
APPROVED AS TO FORM:
By:
Its:
By:
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