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Home My WebLink AboutCC 8 RELOCATE WTR MAIN 08-19-91i CONSENT CALENDAR NO. 8 8-19-91 lnfior - Com +TL= AUGUST 9, 1991 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION UTILITY AGREEMENT NO. 12145 WITH THE STATE OF CALIFORNIA, SUBJECT: DEPT. OF TRANSPORTATION, TO PROVIDE FOR RELOCATION OF EXISTING WATER MAIN TO ACCOMMODATE I-5 FREEWAY WIDENING RECOMMENDATION It is recommended that the City Council, at their meeting of August 19, 1991, authorize the Mayor to sign, and the City Clerk to attest to, the attached subject agreement. BACKGROUND Utility Agreement No. 12145 provides for the relocation of water main along Red Hill Avenue between El Camino Real and Nisson Road. The relocation of the water main is to accommodate Caltrans I-5 Widening Project, Stage 2. The City of Tustin has prior rights easements for the water main to be relocated. Caltrans will reimburse the relocation costs to the City. �7----�.c•�� c-�'�'.�.��--�—_ %his! %��'`X°l✓�`1'L Bob Ledendecker Wisam Altowaiji Director of Public Works/City Engineer Associate Civil Engineer RSL:WA:k1b:AGR12145 CONSENT CALENDAR NO. 8 }. Q l _ 8-19-91 Inter -Com !NTE: AUGUST 9, 1991 --- TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION UTILITY AGREEMENT NO. 12145 WITH THE STATE OF CALIFORNIA, SUBJECT: DEPT. OF TRANSPORTATION, TO PROVIDE FOR RELOCATION OF EXISTING WATER MAIN TO ACCOMMODATE I-5 FREEWAY WIDENING RECOMMENDATION It is recommended that the City Council, at their meeting of August 19, 1991, authorize the Mayor to sign, and the City Clerk to attest to, the attached subject agreement. BACKGROUND Utility Agreement No. 12145 provides for the relocation of water main along Red Hill Avenue between E1 Camino Real and Nisson Road. The relocation of the water main is to accommodate Caltrans I-5 Widening Project, Stage 2. The City of Tustin has prior rights easements for the water main to be relocated. Caltrans will reimburse the relocation costs to the City. Bob Ledendecker Wisam Altowaiji Director of Public Works/City Engineer Associate Civil Engineer RSL:WA:klb:AGR12145 STATE OF CALIFORNIA Department of Transportation ;Dist.iCountyiRoutei P.M. E.A. 1 12 ; ORA 5 21.3/30.3 000031 Federal Aid No. Owner's file IR -005-2(695) UTILITY AGREEMENT NO. 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 a 6 -inch stl . domestic water main, and a service along Redhill Avenue within the limits of State's project which require relocation to accommodate State's project. It is hereby mutually agreed that: I WORK TO BE DONE In accordance with Notice To Owner No. 12145 dated July 1, 1991 Owner shall relocate domestic water facilities along Redhill Avenue 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. III PERFORMANCE OF WORK Ov agrees to cause the herein -described work to be performed by a c. ract 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. Utility Agreement No. 12145 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 $__Z5,771.43_, which represents _14.89 % of the estimate dated December 14_, 19_9_0_. Said _14.89 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 be the form�of an itemized statement of the total costs charged to tht 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. Ow shall submit a Notice of Completion to the District Utility - C(, dinator 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 accordingly, 23 CFR 645 is hereby incorporated into this Agreement. • • % Utility Agreement No. 12145 THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $__146245.12_ IN WITNESS THEREOF, the above parties have executed this agreement the day and year first above written. STATE -OF CALIFORNIA De- :meat 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 Ute cies Coordinator OWNER'S COPY OWNER By ----- Charles E. Puckett, Mayor By --- APPRFO 7SG. URKE CITY ATTORNEY 4 1 Utility Agreement No. 12145 THE ESTIMATED COST TO STATE FOR ITS SHARE OF' THE ABOVE DESCRIBED WORK IS R/W Funds EA -_06-5.48,9 _ _ $ _146, 24.5,12 Const. Funds EA 00 000034 4_ $ 0 ._0 0 IN WITNESS THEREOF, the above parties have executed this agreement the day and year first above written. 2E OF CALIFORNIA Department of Transportation By--- ---- ---- _____ _ __— - ------ _ -- Ralph H. Neal Deputy District Director Office of Right of Way APPROVED: Division of Right—of Way Approval Recommended: District Utiiities Coordinator U ities Coordinator STATE'S COPY OWNER BY - Charles E. Puckett, Mayor. By--- ---- --