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Home My WebLink About04 UTILITY AGREEMENT 06-19-95AL ENDA , NO. 4 6-19-95 Inter-C o rn DATE: JUNE 19, 1995 TO' FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/WATER DIVISION APPROVAL OFUTIL1TY AGREEMENT 12-UT-303 WITH STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR RELOCATION OF CITY WATER FACILITIES ON ROUTE 55 RETVtrl~.~S 17TI-I ,qTRlq~T AND FAIRHAVF~N A'Vl~J~il]'I~' RECOMMENDATION: It is recommended that the Tustin City Council, at their meeting of June 19, 1995, approve the Utility Agreement 12-UT-303 (UA) with the State of California Department of Transportation (Caltrans) and authorize the Mayor and the City Clerk to execute the agreement on behalf of the City. FISCAL IMPACT: · $399,786 - Project funding from the City's Water Capital Improvement Program. · $312,805 (78.2%) - To be reimbursed by Caltrans. BACKGROUND: Caltrans has plans to widen the State Route 55, Costa Mesa Freeway, between 17th Street and Fairhaven Avenue. Certain City water facilities will be impacted by this proposed work and will have to be relocated., Some of these reconstructed facilities will be upgraded to provide for future needs, however Caltrans will not pay for these improvements. The UA is a cooperative agreement between Caltrans and the City of Tustin. Its purpose is to outline those existing City water facilities to be removed or relocated, delineates facilities to be replaced with a work schedule, and establishes estimated costs and procedures for reimbursement by Caltrans. By signing the UA the City agrees to prosecute said work diligently to completion. Tim D. Serlet Director of Public Works/City Engineer Michael Martin Water Services Engineer TDS:MKM:cmc STATE OF CALIFORNIA o DEPARTMENT OF TRANSPORTATION NOTICE TO OWNER RW 13-4 (4~93) Page I of I No. 12303 Dist' County Route P.M. E.A. 12 ORA 55 11.7/12.7 013401 Federal Aid No. _ Owner's File Date: Freeway Yes No Ix-1 To: City of Tustin Public Works Department 235 E. Main Street Tustin, CA 92680 Because of the State Highway Construction on State Route 55, Costa Mesa Freeway, between 17th Street to Fairhaven Avenue in Orange County, which affects your following described facilities: Existing ten {10") inch ACP water main adjacent to and southerly of existing structure at Fairhaven Avenue. Inactive six (6") inch ACP water main adjacent to and northerly of existing structure at Santa Clara Avenue. Existing eight {8") inch ACP water main within cell bridge structure at 1.7th Street, 4 water meters, 7 water valves and 2 fire hydrants on 17th St., 1 water cover, 2 water valves and 1 fire hydrant on Santa Clara Ave., 4 water valves on Fairhaven Ave. all within the limits of the State's proposed construction limits, you are hereby ordered to: Encase, under freeway, existing ten (10") inch ACP water main adjacent to and southerly of existing structure at Fairhaven Avenue; Relocate existing inactive six {6") inch ACP water main currently adjacent to and northerly of existing structure through new bridge structure at Santa Clara Avenue; Replace eight (8") inch ACP water main within cell bridge structure at 17th Street; and, Adjust to grade 4 water meters, 7 water valves and 2 fire hydrants on 17th St; Adjust to grade 1 water cover, 2 water valves and 1 fire hydrant on Santa Clara Ave; Adjust to grade 4 water valves on Fairhaven Ave; Remove all remaining ACP at points of connections and any other locations determined to be in conflict with contractor's operations, as directed by State's Engineer. Your work schedule shall'be as follows: Schedule your forces to perform the existing Fairhaven Ave. ten (10") inch relocation prior to July 1, 1995 and install the Santa Clara Ave. water main and the 17th Street water main, adjust and remove all associated facilities in coordination with State's contractor's bridge construction operation, as directed by State's Engineer, upon a 5 working day notification. Notify Ricky Rodri.quez . Telephone (714) 724-2386 _ 7_~_2 hours prior to initial start of work, and an additional 24._ hours notification for subsequent s~arts when the work schedule is interrupted. Liability is: The existing facilities are lawfully maintained in their present location and qualify for relocation at STATE expense under the provisions of Section 703 of the Streets And Highways Code. Coplel to: Owrt~r Re.ldent Engineer P~rmltl Div. R/~N Other copy THIS NOTICE DOES NOT CONSTITUTE A pERMIT. ' OBTAIN ENCROACHMENT PERMIT BEFORE STARTING WORK. By BRENT FELKER District Director, District 12 CHARLES BERTHEL District Utility Coordinator Dist. County Route P.M. E.A. _ - 12 ORA 55 11.7/12.7 013401 Federal Aid No. Owner's File _ UTILITY AGREEMENT NO. 12-UT-303 DATE State of California, acting by and through the Department of Transportation, hereinafter called STATE proposes the addition of auxiliary lanes in both direction of State Route 55 between 17th overcrossing and Fairhaven Avenue overcrossing in Orange County and City of Tustin, called OWNER, owns and maintains a 8" water main in 17th Street bridge, 6" inactive water main encased under freeway at Santa Clara Ave. and a 10" water main encased under freeway at Fairhaven Ave and adjust to grade'4 water meters, 7 water valves and 2 fire hydrants on 17th St. Adjust to grade 1 water cover, 2 water valves and 1 fire hydrant on Santa Clara Ave. Adjust to grade 4 water valves on Fairhaven Ave. within the limits of State's project which require relocation of existing facilities to accommodate State's project. t is hereby mutually agreed that: I · WORK TO BE DONE -. "In accordance with Notice to Owner No. 12303 dated December 15, 1994, Owner shall: Encase, under freeway, existing ten (10") 'inch ACP water main adjacent to and southerly of existing structure at Fairhaven Avenue prior to construction. Relocate existing inactive six (6") inch ACP water main currently adjacent to and northerly of existing structure through new..bridge structure at Santa Clara Avenue. Replace eight (8") inch ACP water main within cell bridge structure at 17th Street, and adjust to grade 4 water meters, 7 water valves and 2 fire hydrants on 17th St. Adjust to grade 1 water cover, 2 water valves and i fire hydrant on Santa Clara Ave. Adjust to grade 4 water valves on Fairhaven Ave.in coordination with State's contractor. Ail work shall be performed substantially in accordance with OWNER'S estimates dated SePtember 26, 1994, a copy of which is on file in the office of the Department of Transportation at 2501 Pullman Street, Santa Aha, California 92705. Minor deviations from the above-described work may be made and incidental work performed by the OWNER when mutually acceptable to both parties and upon approval by the State." II. LIABILITY FOR WORK "The existing facilities are lawfully maintained in their present location and qualify for relocation at STATE expense under the provisions of Section 703 of the Streets And Highways Code." "Total estimated cost at 100% State liability ....... $312,805.00" Utility Agreement No.'12-UT-303 III. PERFORMANCE OF WORK ,,Owner agrees to cause the herein-described work under I to be performed by a contract with the lowest qualified bidder, select pursuant to a valid competitive bidding procedure and to provide and furnish and/or cause to be furnished, all necessary labor, materials, tools and equipment required therefore; and to prosecute said work diligently to completion." IV. pAY~E~ITS FOR WORK "The .STATE shall pay its share of the actual cost of the herein described work within 90 days after receipt of OWNER's itemized bill in quintuplicate, signed by a responsible official of OWNER's organization or prepared on OWNER'S letterhead, compiled on the basis of the actual cost and expense. The OWNER shall maintain records of the actual costs incurred and charged or allocated to th~ project in accordance with recOgnized accounting principles." "It is understood that the relocation as herein contemplated includes betterment to OWNER"s facilities by reason of increased capacity (17th street, from a 8" water main to a 12" water main and in Santa Clara Avenue from a 6" water main to a 12" water main) in the estimated amount of _ 80,170.00 _ (which represents_ 20.1% _ of the estimate date~ September 26 1994. Said _ 20,1%_ shall be applied to the actual co: of work done), and OWNER shall..credit the STATE for the actual cost o~ said betterment, all the accrued depreciation and salvage value of any materials or parts salvaged and retained by OWNER." "At the election of the OWNER, progress bills for costs incurred may be submitted not to exceed OWNER's recorded costs as of a specific date less estimated credits applicable to completed work where the recorded costs are sufficient to warrant such billing. The OWNER shall submit a final bill to the STATE within 180 days after the completion of the work · If the STATE has not received a final bill described in I. above.. ..... ~A~ ~f the work STATE will notify · · the com ~~, ~ ' within 180 days_af~e.r~ _~^~ ~he file within 30 days and OWNER he~ OWNER of its lnten~ ~ u~w~_~ ..... ~s will be deemed to nave ~ -~, ...... ~~s that all rema~nx~ ~_ .... ~. ~f an itemlzeG ~u~~~ ...... ~ ~~ ~hall be in cn~ ~,,, ~ . ~_ abandoned. The ~lna~ oz~'?~-~-A~ ~ ~ e nro~ect, less the creoles statement of the total costs cna~u u~ ~h ~ ~ provided for the Agreement, a~dl~e~t~n~.~~t~i~ewr~c~xPc~r~ billings. However, the STATE sna ~ Y estimated cost of this Agreement without an explanation for the increase of said cost from the OWNER. In the event the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement executed by the parties to this Agreement reflecting said increase in cost with the reasons therefore shall be executed prior to payment of the OWNER's final bill. Any and all increase in costs are subject to STATE's approval prior to payment of the OWNER's final bill." ,,Detailed records from which the billing is compiled shall be retain by the OWNER for a period of three years from the date of the final bill and will be available for verification by STATE and Federal auditors." Utility Agreement No. 12-UT-303 V . GE1FERAL CONDITIONS "Ail costs accrued by OWNER as a result of STATE's request of June 10, 1993 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement." "If STATE's project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, STATE will notify OWNER in writing and STATE reserves the right' to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement." "OWNER shall submit a Notice of Completion to the STATE within 30 days of the completion of the work described herein." "It is understood that this project is not a Federal aid project however, 23 CFR 645 is hereby incorporated into this Agreement as the STATE's requirements are equal to or more restrictive" THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS ~312,805.0Q Utility Agreement No. 12-UT-303 R/W Funds EA 013409 $3--12,805.00 Const. Funds EA 013404 $_ 0.00 IN WITNESS WHEREOF, the above parties have executed this agreement the day and year first above written. STATE OF CALIFORNIA Department of Transportation CITY OF TUSTIN, a Municipal Corporation Approved By: BY May o r By RALPH H. NEAL District Division Chief Right of Way ATTEST: Approval Recommended: City Clerk By Charles Berthel District Utility Coordinator APPROVED AS TO FORM: By. Rick Rodriguez utility Coordinator Route 55 City ~:t~r~Y ~