HomeMy WebLinkAboutCC 12 RELOCATE WTR MS 07-01-91CONSENT CALENDAR NO. 12
7-1-91
MuClIUM
ATE:JUNE 26, 1991 Inter -Coin
TO: WILLIAM A. HUSTON, CITY MANAGER
�_R OM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
UTILITY AGREEMENTS NO. 12011 & 12088 WITH THE STATE OF
CALIFORNIA, DEPT. OF TRANSPORTATION, TO PROVIDE FOR RELOCATION
_---_.--_-_ OF--EXISTING_._WATER__-MAINS. _TO. -ACCOMMODATE.--I-.5. _FREEWAY._ _WIDENING.__
RECOMMENDATION
It is recommended that the City Council, at their meeting of July
1, 1991, authorize the Mayor to sign, and the City Clerk to attest
to, the attached subject agreements.
BACKGROUND
Utility Agreement No. 12011 provides for the relocation of water
mains along E1 Camino Real between Red Hill Avenue and Orange
Street; and along Nisson Road between Browning Avenue and Red Hill
Avenue. The relocation of these water mains is to accommodate
Caltrans I-5 Widening Project, Stage 2.
Utility Agreement No. 12088 provides for the relocation of water
mains along I-5 Freeway at El Camino Way; along Nisson Road between
"B" Street and Pasadena Avenue; and along Main Street beneath the
I-5 Freeway and beneath the SR -55 Freeway. The relocation of these
water mains is to accommodate Caltrans I-5/SR-55 Interchange
Project, Stage 3.
The City of Tustin has prior rights easements for the water mains
to be relocated. Caltrans will reimburse the relocation costs to
the City.
Robert S. Ledendecker
Director of Public Works/City Engineer
RSL:NM:klb:UTAGR
0 s ,
Nestor Mondok
Assistant Civil Engineer
Dist. County Route. P.M. E.A.
STATE OF CALIFORNIA 12 ORA 5 _ . 4/_,10-3)
)epartment of Transportation----- --
Federal Aid No. G�:ner's File
IR -005-2(695) _
UTILITY AGREEMENT N0.
State of California, acting by and through the Department of
Transportation, hereinafter called STATE proposes to widen roadway and
reconstruct interchange on the Santa Ana Freeway, Route 5, from Tustin
Ranch Road to Newport Avenue in.the City of Tustin and CITY OF TUSTIN
hereinafter called OWNER, owns and maintains 6 -inch stl., 8 -inch ACP,
6 -inch PVC, services and fire hydrants within the limits of State's
project which require relocation to accommodate State's project.
is hereby mutually agreed that:
I WORK TO BE DONE
In accordance with Notice To Owner No. 12-0011 dated November 7, 1988
Owner shall relocate domestic water facilities along E1 Camino Real,
and Nisson Road in the City of Tustin.
All work shall be performed substantially in accordance with Owner's
Drawing No. W-160, dated April 12, 1990 consisting of 10 sheets and
Estimate dated April 26,1990, copies of which are on file in the
District Office of the Department of Transportation at 2501 Pullman
Street, Santa Ana, 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 OF WORK
The existing facilties are lawfully maintained in their present location
and qualify for relocation at State expense under the provisons of
Section (703) of the Streets and Highways Code.
ISI PERFORMANCE OF WORK
_zer agrees to cause the herein -described work to be performed by a
contract with the Lowest qualified bidder, selected pursuant to a valid
competitive b1dC:ing procedure; to iurnlsh or cause to be furnished all
necessary labor, materials, tools and equipment required therefor; and
o prosecute said word. diligently to completion.
Utility Agreement No. 12011
IV. PAYMENT 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,
compiled on the basis of the actual cost and expense incurred and
charged or allocated to said work in accordance with the uniform system
of accounts prescribed for Owner by the California Public Utilities
Commission. _
It is understood that the relocation as herein contemplated includes
betterment to Owner's facilities by reason of increased capacity and
limits in the estimated amount of $_.__49.,303..59., which represents
14.97 % of the estimate dated December 14,. 199.0_ Said 14-.97- °o shall
be applied to the amount of actual work done; and Owner shall credit the
State for.the actual cost of said betterment, all the accrued
depreciation and the salvage value of any materials or parts salvaged
and retained or sold by Owner.
At the election of the Owner, progress bills may be submitted for costs
incurred not exceeding Owner's recorded costs as of a specific date,
less estimated credits applicable to completed work, when the recorded
costs are sufficient to warrant such billing. The final billing shall
in the form of an itemized statement of the total costs charged to
project, less the credits provided for in the Agreement, and less
any amounts covered by progress billings.
Detailed records from which the billing is compiled shall be retained
by the Owner for a period of four years from the date of the final bill
and will be available for verification by State and Federal auditors.
V GENERAL CONDITIONS
All obligations of State under the terms of this Agreement are subject
to the appropriation of funds by the State Legislature and the
allocation of those funds by the California Transportation Commission.
All costs accrued by Owner as a result of .State's request of
September 26, 1986 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.
It State's project which precipitated this Agreement is cancelled 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.
aer shall submit a Notice of Completion to the District Utility
.ordinator within 30 days of the Owner's acceptance of the completed
work described herein.
It is understood that said highway is a Federal Aid 'highway and
accordLngly, 23 CFR 645 is hereby incorporated into this Agreement.
Utility Agreement No. 12011
THE ESTIMATED COST TO STATE FOR ITS SHARE OF
THE ABOVE DESCRIBED WORK IS $ 275,506.-..1Q...-.-----.
IN WITNESS THEREOF, the above parties have executed this agreement the
day and year first above written.
''ATE OF CALIFORNIA
partment of Transportation
By- -------------- - - ----------- - -
Ralph H. Neal
Deputy District Director
Office of Right of Way
APPROVED:
Division of Right of Way
Approval Recommended:
-District Utilities Coordinator
Utilities Coordinator
OWNER'S COPY
OWNER
BY---- -- -- -- -- ----- ----- ------ ---
Charles E. Puckett, Mayor
BY
Pt& VTORM:
000,
JA ES G. ROURKE
CITY ATTORNEY
Utility Agreement No. 12011
THE ESTIMATED COST TO STATE FOR ITS SHARE OF
THE_AROVE DESCRIBED WORK IS $ 275,506...10.
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Const. Funds EA —0.0-0.0.34---- __.
$ _- .. _._ _.- __ ._ �- �._
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IN WITNESS THEREOF, the above parties have executed this agreement the
day and year first above written.
'ATE OF CALIFORNIA
i)epartment of Transportation
By
Ralph H. Neal
Deputy District Director
Office of Right of Way
APPROVED:
Division of Right of Way
Approval Recommended:CITY ATTORNEY
District Utilities Coordinator
tilities Coordinator
STATE'S COPY
OWNER
By -
Charles E. Puckett, Mayor
BY
.... , ;i •
MES G. ROURKE
STATE OF CALIFORNIA
epartment of Transportation
Dist.ICounty!Routej
P.M.
E. A.
12
1 ORA i 5 11
30.3/30.4
i101651
Federal Aid No.
IR -005-2(659)
UTILITY AGREEMENT NO.--- 12088 ------__
Owner's File__.
State of California, acting by and through the Department of
Transportation, hereinafter called State proposes to widen roadway and
reconstruct interchange on the Santa Ana Freeway, Route 5, at Route 55
in Orange County and CITY OF TUSTIN hereinafter called OWNER, owns and
maintains _4"ACP,_ 8"_ACP� 18" PCP. services and _fire hydrants within
the limits of State's project which require __relocat_ion_to accomodate
State's project.
It is hereby mutually agreed that:
cr'TION I - WORK TO_BE_ DONE
lu accordance with Notice To Owner No. _120.88 dated_4/12_/91 ., Owner shall
relocate existing domestic water facilities:
(A) An 8" ACP along E1 Camino Way, an 8" ACP along Nisson Road between
B Street and Pasadena Avenue, a 8"ACP along Main Street crossing
at Route 5, a 18" PCP crossing at Route 55, (3) 1" services,
(1) 1-1/2" service, (5) 2" services, and eight (8) fire hydrants;
and,
(B) A 4" ACP along alley to fire hydrant at the rear of shopping center
on El Camino Way, (13) 1" services, (2) 2" services and (1) fire
hydrant;
All work shall be performed substantially in accordance with Owner's
'Plan and Esti:tate dated _March _121__19_91_consisting of 9 sheets, copies
of which cn file in the District Office of the Department of
Transportation at 2501 Pullman Street, Santa Ana, 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.
Utility Agree ,t No. 12088
SECTION II. LI.ABILITY__FOR__WORK
T' existing facilties described in I- A above are lawfully maintained
-heir present location and qualify for relocation at State expense
unu er the provisons of Section 703 of the Streets and Highways Code.
The existing facilities described in I -B above are located at the
present position pursuant to prescriptive rights prior and superior to
those of the State and will be relocated at State expense.
SECTION III. PERFORMANCEOF_WORK_
Owner agrees to cause the herein -described work to be performed by a
contract with the lowest qualified bidder, selected pursuant to a valid
competitive bidding procedure; to furnish or cause to be furnished all
necessary labor, materials, tools and equipment required therefor; and
to prosecute said work diligently to completion.
SECTION IV. -PAYMENTS -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,
compiled on the basis of the actual cost and expense incurred and
charged or allocated to said work in accordance with the uniform system
of accounts prescribed for Owner by the California Public Utilities
Commission.
is understood that the relocations as herein contemplated includes
cerment to Owner's facilities by reason of increased capacity in the
estimated amount of $_90,980_ 00which represents __ 1.6..58-%-- of the
estimate dated _M_a_rch_1.2_L__1.991 __. Said _16.58—% shall be applied to the
amount of actual work done; and Owner shall credit the State for the
actual cost of said betterment, all the accrued depreciation and salvage
value of any materials or parts salvaged and retained or sold 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 when the recorded
costs are sufficient to warrant such billing. The final billing shall
be in the form of an itemized statement of the total costs charged to
the project, less the credits provided for in the Agreement, and less
any amounts covered by progress billings.
Detailed records from which the billing is compiled shawl be retained
by the Owner for a period of four years from the date of the final bili
and will be available for verification by State and Federal auditors.
Utility Ag hent No. 12086
SECTION V._GENERAL_CONDITIONS
A— obligations of State under the terms of this Agreement are subject
t the appropriation of funds by the State Legislature and the
allocation of those funds by the California Transportation Commission.
All costs accrued by Owner as a result of State's request of
March_ _ 1986 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 cancelled 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 District Utility
Coordinator within 30 days of the completion of the work described
herein.
State will acquire new rights of way and easements in the name of either
the State or Owner through negotiation or condemnation and, when
acquired in State's name, shall convey same to Owner by Director's
Easement Deeds. State's liability for such rights of way and easements
will be at the proration shown for relocation work involved under this
Agreement.
T is understood that said highway is a Federal Aid highway and
-)rdingly, 23 CFR 645 is hereby incorporated into this Agreement.
Utility Ag
THE ESTIMATED COST TO STATE FOR ITS SHARE OF
ABOVE DESCRIBED WORK IS
hent No. 12088
IN WITNESS THEREOF, the above parties have executed this agreement the
day and year first above written.
STATE OF CALIFORNIA
Department of Transportation
By- -- ----- ------------- -
Ralph H. Neai
Deputy District Director
Office of Right of Way
APPROVED:
Division of Right of Way
Approval Recommended:
District Utilities Coordinator
lities Coordinator
OWNER'S COPi
OWNER
By ------ --- Charles E. E. Puckett, Mayor
APPR 0 F
M S .ROURKE
CITY ATTORNEY
Utility Ag ment No. 12088
THE ESTIMATED COST TO STATE
FOR
ITS
SHARE OF
_ABOVE WSCRIBED WORK IS
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R/W Funds EA _065482,_._ $ _516_1483,85
Const. Funds EA _000034 $ ___0`00_
IN WITNESS THEREOF, the above parties have executed this agreement the
day and year first above written.
STATE OF CALIFORNIA OWNER
Department of Transportation
By--------------- ---- - -
Ralph H. Neal
Deputy District Director
Office of Right of Way
APPROVED:
Division of Right of Way
Approval Recommended:
District Utilities Coordinator
Utilities Coordinator
STATE'S COPY
By--- ------- ------- --------------
Charles E. Puckett, Mayor
By -
CITY ATTORNEY