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Home My WebLink AboutCC 16 SIG DIST AGREE 10-07-91AGEt-"-DA-)-.-�--C�( CONSENT CALENDAR NO. 16 10-7-91 E: SEPTEMBER 27, 1991 Cl C - C O m �1; '7V TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: WARNER AVENUE/PULLMAN STREET SIGNALIZATION DISTRICT AGREEMENT NO. 12-135 (P.W. File No. T-91-2) RECOMMENDATION That the City Council at their meeting of October 71 1991, by minute motion, approve and authorize the Mayor and City Clerk to execute subject District Agreement No. 12-135. DISCUSSION District. Agreement No. 12-135 is a Cooperative Agreement between the cities of Santa Ana and Tustin, the California Department of Transportation (Caltrans) and Steelcase, Inc. The agreement establishes scope and funding for a cooperative project to install traffic signalization at the Warner Avenue/Pullman Street intersection. The lead agency for the installation of the signal system will be the City of Tustin, the maintenance of the system will be shared between Tustin and Santa Ana in accordance with the provisions of an existing agreement and the funding of the project will be shared as follows: Tustin 50% Santa Ana 25% Caltrans 15% Steelcase 10% The estimated project cost is $120,000.00 Funding for Tustin's share of the project is included in the 1991- 92 Capital Improvement Plan. Robert S. Ledendecker Director of Public Works/ City Engineer REJ:DRK:k1b:N012-135 Attachments i �'tobLs�Jones Engineering Representative STATE OF CALIFORNIA—BUSINESS AND TRAM_ ✓RTATION AGENCY PETE WILSON, Govemor DEPARTMENT OF TRANSPORTATION DISTRICT 12 W R D - :�A 9"" PULLMAN STREET m ANA, CA 92705 SEP September 25, 1991 2 51991 TUSTIN PUBLIC WORKS DEPT. 12 -ORA -55 R8.5 12351-020508 Warner Ave/Pullman Street District Agreement No. 12-135 Robert Ledendecker Director of Public Works 15222 Del Amo Tustin, CA 92680 Dear Mr. Ledendecker: Subject: Proposed Agreement For Execution Enclosed are four (4) copies of Agreement No. 12-135 between Caltrans, City of Tustin, City of Santa Ana and Steelcase Inc. Please have three (3) copies of the enclosed Agreement signed by the appropriate officials and ret em to us together with three (3) certified copies of reso adopted by the City Councils of Tustin and Santa Ing the Agreement and authorizing its execution. After signature by the appropriate/'State officials, you will be furnished a fully executed copy of the Agreement for your files. Sincerelye4—, Jane Wa, ren, Chief Traffic Operations Enclosures r- -Z- e--- �r_, C� o •T/ Lli l --'r ` C0A�O�/5t CiSlGT/1X41-� cc: Clarence Ohara i Joe Hecker rf!1 rt/(/T4<'oe / S Jane Warren Cooperative Agreements Accounting Resource Management 12 -ORA -55 .5 12351-020508 Warner Ave/Pullman Street District Agreement No. 12-135 COOPERATIVE AGREEMENT BETWEEN THE CITY OF SANTA ANA, THE CITY OF TUSTIN, THE CALIFORNIA DEPARTMENT OF TRANSPORTATION AND STEELCASE, INC. FOR TRAFFIC SIGNALIZATION AT THE INTERSECTION OF WARNER AVENUE AND PULLMAN STREET This Agreement, dated for convenience as of , 19 , is made and entered into by and between the CITY OF SANTA ANA (hereinafter referred to as "Santa Ana"), the CITY OF TUSTIN (hereinafter referred to as "Tustin"),, the CALIFORNIA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as "Caltrans") and STEELCASE, INC. (hereinafter referred to as "Steelcase"). W I T N E S S E T H: RECITALS A. The parties hereto desire to fund, design, and install traffic signalization at the intersection of Warner Avenue and Pullman Street in the Cities of Santa Ana and Tustin. B. Santa Ana, Tustin and Caltrans are each empowered by law to expend public monies to make traffic signalization improvements in public streets. C. Steelcase has requested signalization in order to improve access to its facility and has agreed to participate in funding the needed improvements. D. The parties desire to accomplish all of the needed work as described herein by a single public works project in which Tustin will act as the lead agency, and Santa Ana, Caltrans and Steelcase will reimburse Tustin for their portion of the funding and installation costs. WHEREFORE, the parties hereto do hereby agree as follows: Section 1. The "Project". The Project shall include funding, design and installation of traffic signalization at the intersection of Warner Avenue and Pullman Street in the Cities of Santa Ana and Tustin. Section 2. Tustin's Responsibilities. Tustin shall act as the lead agency for the work and shall provide preliminary, design and construction engineering. Tustin shall also be solely responsible for the preparation and award of a contract pursuant to public bid requirements for the construction of the Project, including the portion of the Project that is in Santa Ana. Tustin 1 District .�,reement No. 12-135 shall be responsible for the preparation of all legal documents, including the Notice Inviting Bids, Instructions to Bidders, and the related construction agreements, surety bonds and insurance certificates. Tustin shall be solely responsible for the administration and performance of the contract awarded to the contractor for the construction of the Project. Section 3. Rights of Access. All parties shall have the right to access to the construction site of the Project for purposes of inspection of the improvements. Section 4. Costs. The parties shall share the costs in the following manner: Tustin 50% Santa Ana 25% Caltrans 15-0 Steelcase, Inc. 10% The parties agree that the preliminary estimate of the total Project cost is one hundred twenty thousand dollars ($120,000). Section S. Cost Estimate Exceeded. In the event the sealed bids submitted by the lowest responsible bidder for the. construction of the Project show that the Project costs will exceed the preliminary estimate, the participating parties shall have an opportunity to review the Project funding. If all participating parties do not agree to the necessary supplemental funding, the bids will be rejected and the project terminated. Section 6. Environmental Requirements. Tustin shall act as the lead agencyfor the processing of environmental impact assessments, studies, reports and award of the contract and shall be responsible for full compliance with the provisions of the California Environmental Quality Act ("CEQA") for the entire Project. Section 7. Change Orders. The prior approval of each of the other parties' engineers shall be obtained for all change orders issued by Tustin pertaining to the construction of the Project. Change orders issued without the other parties' approval shall not be eligible for reimbursement from them. Oral approval shall be valid only if confirmed in writing by each party's engineer. Section S. Payment. Santa Ana, Caltrans and Steelcase shall each deposit their share of the estimated costs with Tustin after approval of plans and specifications and within thirty ( 3 0 ) days of invoicing by Tustin. Within thirty (30) days after acceptance of construction of the Project, Tustin shall either refund any excess to each party or present an itemized invoice to each party setting forth the final payment due. Payment of such invoices shall be made to Tustin within thirty (30) days of receipt. K District ..9reement No. 12-135 section 9. Approval of Plans. All parties shall review, comment on and approve Project plans and specifications. Section lo. Hold Harmless. None of the parties shall be liable for the acts or omissions of the others. Each party shall protect, defend, indemnify and hold the others and their respective officers and employees harmless from and against any and all claims, actions, expenses, liabilities and losses incurred by one of the parties hereto as a result of any property damage or personal injury, including death, suffered or allegedly suffered by any person, and caused by any wrongful act or omission of another party. Section 11. Insurance. Tustin shall require the contractor for the Project to maintain a policy of comprehensive or commercial general liability insurance for personal injury and property damage, including motor vehicles, for the duration of the contract, in amounts and in a form satisfactory to the attorneys of all parties. Said policy shall name all parties and their officers, agents and employees as additional insureds. Section 12. Maintenance. The operation and maintenance of subject traffic signalization shall be in accordance with a separate agreement between the Cities of Santa Ana and Tustin. It is understood that Caltrans will not be a party in that agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. CITY OF SANTA ANA By. ATTEST: Clerk of the Council Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney City Engineer [Signatures Continue on Next Page] 3 ATTEST: Clerk of the Council APPROV 0 FORM: Cit tt rney APPROVED AS TO FORM AND PROCEDURE: Attorney, California Department of Transportation ATTEST: Secretary APPROVED AS TO FORM: 4 District ._,reement No. 12-135 CITY OF TUSTIN By. Mayor APPROVED AS TO CONTENT: City Engineer CALIFORNIA DEPARTMENT OF TRANSPORTATION JAMES W. VAN LOBEN SELS Director of Transportation By Walt H. Hagen, Chief Deputy District Director CERTIFIED AS TO FUNDS AND PROCEDURE: District Accounting Administrator STEELCASE, INC. By• President