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
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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.
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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.
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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.
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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
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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
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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
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