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HomeMy WebLinkAboutCC 6 CALTRANS 12-028 10-15-90JATE: OCTOBER 9, 1990 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: CALTRANS AGREEMENT NO. 12-028 A-2 CONSENT CALENDAR NO. 6 10-15-90 Inter - Com RECOMMENDATION: That the Tustin City Council approve the amendment to the Cooperative Agreement No. 12-028 A-2 between Caltrans and the City subject to final review and approval of the City Attorney's office. BACKGROUND: As part of the mitigation measures to the I-5/Rte 55 Freeway Interchange Construction, Caltrans has provided certain funding ($434,000) to construct certain improvements to local streets, intersections and traffic signal systems. These improvements consist of work within the Tustin Avenue - First Street intersection inclusive of traffic signal improvements, widening of the westerly side of Yorba Street between First Street and Irvine Boulevard and traffic signal improvements at both the First Street - Yorba Street intersection and the Irvine Boulevard - Yorba Street intersection. The original agreement was executed in April, 1989, with the first amendment extending the completion date being executed in January, 1990. DISCUSSION: This current amendment to the agreement primarily provides for the following: 1. The State to administer the City's construction contract Stage I with the States Stage 2 freeway construction. 2. Extension of the termination date of the contract from November 1, 1990 to March 1, 1993. 3. Clarification of total Caltrans cost obligation. It was necessary for Caltrans to administer the City's construction work under the Stage 2 Freeway Contract due to the City's non -receipt of qualified bidders for the work. Caltran's inclusion of the City's work under the freeway construction contract prevented delays to the freeway reconstructions schedule. July 17, 1990 12 -ORA -5/55 Stage 2 12101 - 101641 Dist. Agreement No. 12-028 A-2 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT, ENTERED INTO ON 19 , is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF TUSTIN, a body politic and a municipal corporation of the State of California, referred to herein as CITY 1 Districtjreement No. 12-028 A-2 RECITALS (1) The parties hereto entered into an AGREEMENT (Document No. 6791) on April 3, 1989, said AGREEMENT defining the terms and conditions of a cooperative project to provide for improvements to CITY streets impacted by STATE's reconstruction of Route 5/55 Interchange, referred to herein as PROJECT. (2) The parties hereto entered into an AMENDMENT TO AGREEMENT (Document No. 6791) on January 15, 1990, said AMENDMENT defining the terms and conditions to provide for the addition of Stage 3 to PROJECT at no increase in cost and to provide for separate deposits for each stage of construction of PROJECT. (3 ) CITY advertised Stage 1 of PROJECT and was unable to award contract due to lack of contractor participation. (4) STATE now desires to administer CITY construction contract for Stage 1 of PROJECT with STATE's Stage 2 Construction Contract by Contract Change Order. (5) It has also been determined that PROJECT will not be constructed prior to the termination date of said AGREEMENT. 2 Distric, greement No. 12-028 A-2 IT IS MUTUALLY AGREED: (1) That Section I, Article 4 of the original AGREEMENT is amended to read "To deposit with CITY within 25 days of receipt of billing thereof (which billing may be forwarded immediately following CITY's respective bid advertising dates of the construction contract for Stages 2 and 3 of PROJECT) the following: a. The amount of $71,000, which figure represents the STATE's share of construction costs required to complete Stage 2 of PROJECT. b. The amount of $23,000, which figure represents the STATE's share of construction costs required to complete Stage 3 of PROJECT. STATE's total construction obligation for PROJECT under this Agreement shall not exceed $434,000, which includes Stage 1 of PROJECT, and will be subject to audit verification as to all elements of costs and fees charged by CITY. Said construction costs for all stages are shown on Exhibit A, attached and made a part of this AGREEMENT." Revised Exhibit A, dated May 22, 1990, attached and made part of the AMENDMENT supersedes Exhibit A shown in the original AGREEMENT. 3 Distric .greement No. 12-028 A-2 (2) That Section II, Article 1 of the original AGREEMENT is amended to read "To prepare PS&E and to administer the construction contract, at no cost to STATE, for said PROJECT, Stages 2 and 3, with CITY and/or consultant forces. To prepare PS&E for said PROJECT, Stage 1, with CITY and/or consultant forces. The PS&E are to be prepared in accordance with STATE's laws, rules, regulations, policies, procedures, manuals, standard plans and specifications, and other standards including compliance with Federal Highway Administration (FHWA) requirements. Said PS&E are to be subject to ongoing review and formal draft and final review and approval by STATE and FHWA. The CITY and/or its consultants shall not incorporate in the design of any materials or equipment of single or sole source origin without the written approval of STATE. (3) That Section III, Article 2 of the original AGREEMENT is amended to read "STATE's total obligation for PROJECT shall not exceed $434,000 for all stages. CITY will be responsible for construction costs of PROJECT in excess of $434,000. Any STATE funds remaining on deposit with CITY for work by CITY shall be returned to STATE within 30 days after completion and acceptance.of PROJECT." STATE is to administer Stage 1 of PROJECT, at no cost to CITY. The total Stage 1 cost of PROJECT shall be determined after completion of work and upon final accounting of costs. 4 District jreement No. 12-028 A-2 (4) That Section III, Article 8 of the original AGREEMENT is amended to read "Except as otherwise provided in Article 6 above, this AGREEMENT shall terminate upon completion and acceptance of the construction contract for PROJECT or on March 1, 1993, whichever is earlier in time; however, the ownership and maintenance clauses shall remain in effect until terminated, in writing, by mutual agreement. Any CITY refunds due STATE shall be determined after final accounting of costs." (5) The other terms and conditions of said AGREEMENT (Document No. 6791) shall remain in full force and effect. (6) This AMENDMENT TO AGREEMENT is hereby deemed to be a part of Document No. 6791. STATE OF CALIFORNIA Department of Transportation Robert K. Best Director of Transportation Walt H. Hagen, Chief Deputy District Director Approved as to Form and Procedure CITY OF TUSTIN By Mayor, City of Tustin Attest: City Clerk, City of Tustin Approved as to Form and Procedure Attorney, Attorney, Department of Transportation City of Tustin CERTIFIED AS TO FUNDS AND PROCEDURE: District Accounting Officer 5 District jreement No. 12-028 A-2 May 22, 1990 EXHIBIT A ROUTE 5/55 IC STAGE CONSTRUCTION MITIGATION FOR CITY OF TUSTIN STAGE 1: CLOSURE OF FOURTH STREET AT I-5 AND ROUTE 55 Proposed Mitigation 1. Widen west side of Yorba Street from First Street $ 59,000 to Irvine Boulevard. 2. Restripe Yorba Street from First Street to Irvine 2,000 Boulevard. 3. Parking restriction and restripe First Street from 10,000 Route 55 to Yorba Street. 4. Modify signal at First Street/Yorba'Street 30,000 5. Modify signal at Irvine Boulevard/Yorba Street. 301000 6. Widen south side of First Street at Tustin Avenue and modify signal at First/Tustin. 218,000 STAGE 1 TOTAL $ 3401000 STAGE 2: CLOSURE OF FIRST STREET AT I-5 AND ROUTE 55 Proposed Mitigation 1. Restripe northbound Yorba Street at Irvine Boulevard. 2,000 2. Modify signal at Irvine Boulevard/Yorba Street 30,000 3. Restripe eastbound Irvine Boulevard at Yorba Street. 2,000 4. Parking restriction and restripe Irvine Boulevard 51000 from Yorba Street to Prospect Street. 5. Modify signal at First Street/Yorba Street. 30,000 6. Restripe Yorba Street from First Street to Irvine 2,000 Boulevard. STAGE 2 TOTAL $ 71,000 9 District reement No. 12-028 A-2 STAGE 3 RESTORATION TO ORIGINAL CONDITION Proposed Work Restripe Yorba Street, Irvine Boulevard and First $ 23,000 Street to restore the lane configuration that existed prior to the start of work in Stage 1 and Stage 2 STAGE 3 TOTAL $ 23,000 TOTAL ESTIMATE PROJECT COST AND STATE'S MAXIMUM OBLIGATION $ 434,000 7