HomeMy WebLinkAboutCC 8 T.R.R./SA FWY AG 11-21-88 ~, ,v ~ l'i !~'"~, !'i .~ ,: !~ ~ CONSENT CALENDAR
~' '~"" "~'~'~i~ // ~/"~"/ NO. 8
DATE: NO~MBER 16 , 1988. .
TO:
FROM:
SUBJECT:
WILLIAM HUSTON; CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
TUSTIN RANCH ROAD/SANTA ANA FREEWAY (I-5) INTERCHANGE
COOPERATIVE AGREEMENT
RECOMMENDATION:
That the City of Tustin at their meeting of November 21, 1988:
1. Approve the Tustin Ranch Road interchange cooperative agreement
and authorize the Mayor to execute the said agreement.
2. Pass and adopt the attached resolution approving plans and
specifications for the construction of improvements for the Tustin
Ranch Road/Santa Ana (I-5) Freeway interchange project.
BACKGROUND:
The City has been working With the Caltrans staff over the past four
years on the preparation of plans and specifications for a new full-
movement interchange on the Santa Ana (I-5) Freeway at Tustin Ranch
Road. This interchange project is being locally funded through two City
of Tustin Assessment Districts No. 85-1 and No. 86-2 in the amounts
shown below:
Assessment District No. 85-1 ............... $ 7,938,314.00
Assessment District No. 86-2 ............... 4,445,000.00
Total Funding $12,383,314.00
These assessment districts pertain only to the properties within the
Tustin Ranch area of development and do not financially impact any other
portions of the City.
The project has been cleared environmentally as of October 21, 1988 by
the issuance of a finding of no significant impact (FONSI) by the
Federal Highway Administration (FHWA). The FONSI is based on an
environmental assessment which has been independently evaluated by FHWA
and determined to adequately and accurately discuss the environmental
issues and impacts of the proposed project. This assessment provided
sufficient, evidence and analysis for determining that an environmental
impact statement was not required.
The Irvine Company has previously agreed to donate all required
right-of-wa~as it. pertains to the interchange project. This donation
has enabled the City to accelerate the project as well as minimized the
assessments for the interchange construction as they relate to each
assessment district.
INTERCHANGE COOPERATIVE AGREEMENT
November 16, 1988
Page 2.
Following is the latest revised schedule as it- relates to the remaining
milestones of the project: -
Caltrans Execution of Cooperative Agreement ........ November 28, 1988
Encroachment Permit Approval by Caltrans ........... November 28, 1988
Advertisement of Bids .............................. December 1988
Award of Contract ........................ January 1989
Commence Construction ..[[[[[[[[..[[ .............. February 1989
Complete Construction .............................. August !990
DISCUSSION:
The interchange project is proposed to be constructed in two stages.
Stage One includes the freeway overcrossing structure, the northbound
I-5 off-ramp, the southbound I-5 on-ramp, partial construction of the
northbound I-5 on-ramp and southbound I-5 off-ramp and related drainage
facilities. Stage One work will be a City contract. Stage Two will
include the completion of the northbound I-5 on-ramp and the southbound
I-5 off-ramp and will be completed under a Caltrans contract for the I-5
widening which is scheduled to commence in the'Fall of 1990. The City's
Stage One° contract will also include all freeway widening within the
limits of the interchange project.
The reason for splitting the project into two stages is to minimize the
amount of throw-away, or interim, construction. Caltrans is proposing
to adjust the freeway profile in the vicinity of the abandoned railroad
bridge. The sump area, or low spot, in the freeway will be filled to
provide a uniform profile.
The attached cooperative agreement outlines the responsibilities of both
Caltrans and the City as they relate'to each stage of the interchange
project. The City will be totally responsible for all costs pertaining
to the interchange in both stages.
Staffing for the contract/construction administration in Stage One will
be as follows:
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Caltrans will provide a resident engineer, an assistant bridge
engineer, and any necessary field and administrative support staff.
The City will reimburse Caltrans for the cost of this staffing.
·
City will provide one and one-half persons to perform supplemental
support work to the above-mentioned personnel. These persons will
be the equivalent to an assistant transportation engineer in State
service.
3. City witl'fur~ish the services of.a qualified testing laboratory
for materials, soils and foundation tests.
COOPERATIVE INTERCHANGE AGREEMENT
November 16, 1988
Page 3.
4. City will furnish°a qualified surveying party to perform all
required construction surveying.
This agreement also provides the vehicle for the City to bill Caltrans
for all freeway widening work within Stage One that is not interchange
related. Additionally, it provides Caltrans to bill the City for all
interchange work within Stage Two that is not freeway widening related.
Both Caltrans and City staffs have prepared this agreement and concur
with its content. The City Attorney's office is currently reviewing the
document with respect to form and procedure.
Staff is requesting the City Council approve the Tustin Ranch Road/Santa
Ana (I-5) Freeway interchange cooperative agreement and authorize the
Mayor to execute said agreement. Additionally, it is requested that the
City Council authorize the advertisement of bids by the adoption of the
attached resolution. This early authorization will allow staff to
proceed with the project once the Caltrans encroachment permit issuance
has been completed. As previously indicated, this interchange
construction project will not financially impact the City's general
fund,'but will be totally funded with assessment district funding.
Director of Public Works/City Engineer
BL:mv
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RESOLUTION NO. 88-122
A RESOLUTION OF THE cIT~ COUNCIL OF'THE CITY
OF TUSTIN, CALIFORNIA, APPROVING PLANS AND
SPECIFICATIONS FOR CONSTRUCTION OF IMPROVEMENTS
FOR THE TUSTIN RANCH ROAD/SANTA ANA (I-5) FREEWAY
INTERCHANGE AND AUTHORIZING ADVERTISEMENT OF BIDS.
WHEREAS, it is the intention of the City Council of the
City of Tustin, California to contract construction of
improvements for the Tustin Ranch Road/Santa Ana (I-5) Freeway
Interchange; and
WHEREAS, the City Engineer has presented plans and
specifications for the construction of said work;
NOW, THEREFORE, BE IT RESOLVED that the plans and
specifications presented by the City Engineer be and are hereby
approved as the plans and specifications for:
Construction of the Tustin Ranch Road/Santa Ana (I-5)
Freeway Interchange Improvements
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to advertise as required by law for the
receipt of sealed bids or proposals for the doing of the work
specified in the aforesaid plans and specifications;
BE IT FURTHER RESOLVED that the Federal Highway
Administration has determined that this project will not have
any significant- impact on the human environment based upon an
environmental assessment which has been independently evaluated
by the Federal Highway Administration and determined to
adequately and accurately discuss the environmental issues and
impacts of the project.
PASSED AND ADOPTED at a regular meeting Of the City Council
of.the City of Tustin, held on the day of ,
1988.
ATTEST:
Mayor
- City ~lerk
12-ORA-5 28.3
Santa Ana Freeway
at Tustin Ranch Road Intchg
STAGE I
12209 - 018820
12-ORA-5 21.3/30.3
Santa Ana Freeway
I-5 Widening Project
at Tustin Ranch Road - STAGE II
12209 - 065481
District Agreement No. 12-018
THIS 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"
RECITALS
1..- STATE an'd CITY, pursuant to Streets and Highways C~de
Section 130 are authorized to enter into a cooperative agreement for
imprpvements to State highways within the CITY.
2. The STATE in an effort to improve traffic safety and
operations, proposes to widen the Santa Ana Freeway (Interstate Route
5), referred to herein as WIDENING, within the CITY boundary.
3. CITY desires State highway improvements consisting of
the construction of a new interchange which will accommodate the
proposed widening of Route 5 at Tustin Ranch Road, referred to herein
as PROJECT and is willing to fund 100 percent of all capital outlay
and staffing costs related to the construction of the interchange,
including all right-of-way requirements fer PROJECT.
4. CITY and STATE do mutually desire to cooperate in the
construction of PROJECT and WIDENING in order to minimize throwaway
costs and traffic disruptions.
' 5. CITY and STATE do mutually desire to construct portions
of PROJECT and WIDENING in the vicinity of Tustin Ranch Road in
advance of the general freeway widening as outlined in Exhibit "A",
referred to herein as STAGE I. Exhibit "A" is attached and made a
part of this Agreement.
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6. STATE and CITY do mutually desire to complete PROJECT
and WIDENING in the vicinity of Tustin Ranch Road as part of the
general freeway widening as outlined in Exhibit "B", referred to
herein as STAGE II. Exhibit "B"' is attached and made a part of this
Agreement.
7. CITY desires to advertise, award and administer the
·
construction contract to bring about the earliest possible
construction of STAGE I.
8. CITY, in an effort to provide STATE with assurance that
STAGE I will be 'constructed in accordance with STATE's standards,
proposes that STATE furnish a Resident Engineer, a Structures
Representative and necessary support staff to provide oversight of
the stage I construction contract on CITY's behalf at CITY's
expen s e.
9. Therefore, in consideration of the stated desires and
determinations, STATE and CITY do mutually desire to cooperate and
participate in providing for accomplishment of the work as defined in
STAGE I and STAGE II, and desire to specify herein the terms and
conditions under which both stages are to be funded, constructed and
maintained.
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SECTION I
CITY AGREES:
A. For STAGE I
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1. To advertise, open bids, award and administer the
construction contract in accordance with the requirements of the
State Contract Act and the California Labor Code.
2. To apply for necessary encroachment permits for required
work within State Highway rights of way, in accordance with STATE's
standard permit procedures, as more specifically defined in Articles
4, 5, 6 and 7 of Section III, of this Agreement.
3. To conform to all contract administration procedures as
set forth in the STATE's Construction Manual and in the Encroachment
Permit.
4. To submit advance billing to the STATE subsequent to
advertisement for the sum of $600,000 estimated to be the STATE's
share'of Construction contract costs for the initial 3 months of
construction.
5. To pay contractor monthly progress payments suhuitted by
STATE's Resident Engineer.
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6. In no event.shall CITY's total obligation for said' costs
under this Agreement exceed the amount of $10,524,000, (estimated
CITY's responsibility for the cost of STAGE I construction
$9,151,000 plus 15% for contract administration cost) provided that
CITY may, in its sole discretion, in writing, authorize a greater
amount.
7. That, within 20 days after execution of this Agreement
and before commencement of construction activities, STATE shall
submit an advance Billing Invoice to CITY to cover CITY's estimated
costs for STATE furnished Resident Engineer, Structures Representa-
tive and necessary administrative support staff, and for providing
any STATE furnished materials during°the first quarter. Thereafter,
the STATE will prepare and submit quarterly Billing Invoices in
advance to CITY as construction proceeds. CITY agrees to make
advance deposits to STATE, within 30 days of the receipt of each
Billing Invoice from STATE.
8. That the CITY may submit supplemental billings to the
STATE requesting additional deposits if aforesaid STATE's share of
construction costs are expected to exceed the original deposit and/or
the prior quarterly advances. Should STATE fail to provide
additional deposits sufficient to cover STATE's share of construction
costs after billing by City for said costs, CITY reserves the right
to stop'work until additional funds have been received by CITY.
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9. To the extent not provided by STATE, to furnish
remaining qualified support staff as necessary to assist the STATE's
Resident Engineer, such staff to perform services, including but no~
limited to construction inspection, measurement and computation of
quantities, checking shop drawings, preparation of estimates and
reports, preparation of as-built drawings, and other inspection and
staff services necessary to assure that the construction is being
performed in accordance with the plans and specifications. Such
staff shall be the equivalent of an Assistant Transportation Engineer
in STATE service.
10. To furnish a qualified Materials Testing Laboratory for
STAGE I, subject to the approval of the STATE, to .perform services,
including but not limited to testing of construction materials, soils
and foundations tests and other testing services necessary to assure
that construction is being performed in accordance with the plans and
specifications. Such toests shall be those identified as "Field
Tests" in Section 8 of the Construction Manual.
11. To furnish a qualified surveying party subject to the
approval of the STATE, to perform construction surveying under the
direction of the Resident Engineer.
12. To pay all costs for required staff, laboratory and
surveying services as described in Articles 8, 9 & 10 of this
Section I.
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13. To have available its consultant to interpret the CITY's
PS&E, and review and recommend approval of change orders, required
shop plans, falsework designs, and other wOrking drawings during
construction.
14 To hage available its consultant to make all necessary"
corrections and furnish the corrected product to STATE if, during the
course of construction, errors or omissions are discovered in any of
the plans, specifications, or estimates which the CITY or its
consultants have provided within a reasonable time to be specified by
STATE.
15. To furnish evidence to STATE, in a form acceptable to
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STATE, that arrangements have been made for the protection,
relocation , or removal of all conflicting utilities within the
STATE's right of way and that such work will be completed prior to
the award of contract or as covered in the Special Provisions. This
evidence shall include a reference to all required State Highway
Encroachment permits.
16. To relocate utility ~facilities within STATE's right-
of-wa~ to STATE specifications per STATE's Encroachment Manual and
the Manual High and Low Risk Underground Facilities Within Highway
Rights of Way.
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17. To perform all right-of-way activities at no cost to
STATE-in accordance with procedures acceptable to STATE, and in
compliance with all applicable State and Federal laws and
regulations, subject' to STATE oversight, to assure that the
completed work is acceptable for incorporation into the State Highway
Sys t em. -'
18. TO utilize the services of a qualified local public
agency in all R/W acquisition related matters in accordance with
STATE procedures as contained in R/W Procedural Handbook, Volume 9.
If outside right of.way consultants are employed, administration of
the consultant contract shall be performed by qualified public agency
employees.
19. To certify legal ~nd physical control of rights of way
ready for construction, and that all rights-of-way were acquired in
accordance with applicable State and Federal laws and regulations
subject to review and concurrence by STATE prior to the advertisement
for bids for construction of PROJECT.
20. To deliver to STATE legal title to the right-of-way,
free ~nd clear of all encumbrances detrimental to STATE's present and
future uses not later than the date of acceptance by the STATE of
maintenance and operation of the highway facility.
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21. If additional right-of-way is required, to acquire all
necessary additional right-of-way that will permit full possession
and control of said. right-of-way, and transfer it in fee to STATE, at
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no cost to STATE, and subject to prior examination and acceptance by
STATE of the degree of title to be conveyed to. STATE. Full
possession and control shall be obtained prior to advertising the
PROJECT for construction, in the event title has not passed.
22. Upon completion and acceptance of construction contract,
to furnish to STATE a complete set of full-size film positive
reproducible as-built plans.
23. To retain or cause t°'be retained for audit for STATE or
other government auditors for a period of three (3) years from date
of FHWA payment of final voucher, or four (4) years from date of
final payment under'the contract, whichever is longer, all records
and accounts relating to construction of the PROJECT.
B. For STAGE II
1. That subsequent to advertisement and within 20 days after
billing by STATE, to pay STATE the sum of $250,000 which is estimated
to be the first 3 months of CITY's share of construction costs, and
to pay to STATE within 20 days after each advance billing by STATE,
the estimated quarterly amount of CITY's share of construction costs.
CITY's total obligation for said costs under this
Agreeme~ft~shall not exceed the amount of $2,250,000, provided that
CITY may, in its sole discretion, in writing, authorize a greater
amount.
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2. That the STATE 'may submit supplemental billings to the
CITY reques°ting additional deposits if aforesaid CITY's share of
construction costs are expected ~o 'exceed the original deposit and/or
the prior quarterly advances. Should CITY ~ail to provide additional
deposits sufficient to cover C'ITY's share of construction costs, after
billing therefor. STATE reserves the right to stop work until
additional funds have been received by STATE.
STATE AGREES:
SECTION II
A. For STAGE I
1. To issue, upon proper application by CITY and by CITY's
contractor, the necessary encroachment permits for required work
within the State highway rights-of-way, as more specifically defined
in Articles 4, 5, 6, and 7 of Section III, of this Agreement.
2. To provide oversight of the construction project in
accordance with the requirements of the State Contract Act, the
California Labor Code, and the State's Construction Manual.
3. That, immediately following the execution of this
Agreement, to submit to CITY billing an advance Billing Invoice for
STATE services as detailed in Article 7 of Section I.
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4. That subsequent to advertisement and within 20 days
after billing by CITY, to pay CITY the sum of $600,000 which is
estimated to be the' STATE's share of construction costs, for the
first 3 months of the construction contract and to pay to CITY within
20 days after each advance billing by CITY, the estimated additional
quarterly payments for STATE's share of construction costs. STATE's
total obligation for said costs under this Agreement shall not exceed
the amount of $4,100,000. STATE's estimated share of costs for
STAGE 1 is shown on Exhibit "C", attached and made a part of this
Agr e eme n t.
5. To furnish a field site representative to perform the
functions of a Resident Engineer, to provide an engineer to be in
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respo.nsible charge of structure construction (a Structures
Representative), an Assistant Bridge Engineer, and necessary field
and administrative support staff to assure that the construction is
being performed in accordance with the plans and specifications of
the CITY as reviewed and approved by STATE.
6. To furnish staff and equipment as necessary to perform
"Plan Tests", identified as those done by the' Transportation
Laboratory in Section 8 of the Construction Manua'l (including State
materials release procedures) and to perform additional field tests
as necessary to determine the integrity and acceptability of the
structures.
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7. To furnish staff and equipment as necessary to perform
"Independent Assurance Testing" as indentified in Section 8 of the
Construction Manual.
8. -To prepare and approve progress payment authorizations
and submit such authorizations to the CITY for City payments to
construction contractor.
9. To submit signed itemized invoices quarterly to CITY, in
triplicate, with specific details of all costs incurred during the
period of the invoice to assure that the additional advance deposits
to be made by cITY, pursuant to Article 3 above, will be sufficient
to cover the estimated costs.
10. Upon completion of work and settlement of any claims, to
furnish CITY. with a final detailed statement of the accumulated
costs, identifying actual hours worked and related expenses in
connection with the STATE services provided pursuant to this
Agreement.
B. For Stage II
contract.
To advertise, award, and administer the construction
2. To submit advance billing to the CITY subsequent to
advertis.ement for the sum of $250,000 estimated to be CITY's share of
the first three month's cost of construction.
3. To submit to CITY 30 days prior to end of each
subsequent quarter, advance billing for CITY's share of estimated
costs of construction for the next quarter.
4. Upon completion of work and settlement of any claims; to
furnish CITY with a final detailed statement of the accumulated
construction costs.
5. To return any CITY funds remaining on deposit with STATE
to cover CITY's share of construction costs within 60 days after
completion and acceptance of the construction contract.
IT IS MUTUALLY AGREED:
SECTION III
1. Ail obligations of STATE under the terms of this
Agreement are contingent upon the appropriation of resources by the
Legislature and the allocation of resources by the California
Transportation Commission.
2. That the costs to be charged CITY for the STATE's
provision of the Resident Engineer, Structures Representative,
Assistant Bridge Engineer and necessary field and administrative
support staff for STAGE I will include all direct and indirect
(functional and administrative overhead assessment) costs
attributable to such work applied in accordance with STATE's standard
account~.~i~ng prgcedur es.
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3. That the costs to be charged CITY for the STATE's
performance of tests as identified .in Articles 6 and 7 of Section II
will include all direct and indirect (functional.and administrative
overhead-assessment) costs attributable to such work applied in
accordance with STATE's standard accounting procedures.
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4. That advertisement by CITY of improvements of said STAGE
I referred to herein which lie within STATE highway rights of way or
affect STATE facilities, shall not be commenced until CITY's original
contract plans involving such work, have been reviewed and approved
by signature of STATE's District Director of District 12, or his
delegated agent, and until an Encroachment 'Permit authorizing such
CITY's contract plans signed by STATE shall constitute STATE's
acceptance of an official approval of said plans.
5. That CITY will obtain the aforesaid Encroachment Permit
through the office of STATE's District 12 Permit Engineer and that
CITY's application therefor shall be accompanied by reproducible
tracings of aforesaid STATE approved contract plans. Receipt
thereafter by CITY of the approved Encroachment Permit shall
constitute CITY's authorization from STATE to proceed with work which
lies within STATE rights of way or which affects STATE facilities,
pursuant to work covered by this Agreement. CITY's authorization to
proceed with said work shall, however, be contingent upon CITY's
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compliance with all provisions set forth in said Encroachment Permit.
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6. That CITY's contractor will also be required to obtain
an Encroachment Permit for said STAGE I from STATE prior to
commencing any work which lies within STATE rights of w.ay or which
affects STATE facilities. The application for said Encroachment
Permit shall be made through the office of STATE's District 12 Permit
Engineer and shall include proof that said contractor has a Surety
Bond covering construction of STAGE I.
7. CITY shall not advertise for bids to construct STAGE I
until after an Encroachment Permit has been issued to CITY by STATE,
nor shall CITY award a contract to construct STAGE I until CITY's
deposit with STATE, pursuant to Article 7 of Section I, is made and
until STATE's deposit, pursuant to Article 4 of Section II, is made.
8. CITY may and contractor shall maintain in force, until
completion and acceptance of the STAGE I construction contract, a
policy of Liability Insurance, including coverage of Bodily Injury
Liability and Property Damage Liability with a single liabi!~ty limit.
of not less than $1,000,000. Such policy shall contain an additional
insured endorsement naming STATE and their respective officers and
employees as additional insureds. Coverage shall be evidenced by a
Certificate of Insurance in a form satisfactory to STATE which shall
be delivered to STATE before the commencement of any work on the
site.
9. Prior to award of the construction contract for STAGE I,
CITY may terminate this Agreement by written notice and STATE shall
refund cITy's deposit, pursuant to Article 7 of Section I, as soon as
possible, less any expenditures incurred by STATE prior to receipt of
the termination notice.
10.
That CITY is responsible for any costs and that STATE
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will acquire for CITY, all additional rights of way and necessary
easements for CITY's STAGE II responsibility as outlined in Exhibit
D, attached and made a part of this Agreement.
11. If existing public and/or private utilities conflict
with the construction of STAGE I, CITY will make all necessary
arrangements with the owners of such utilities for their protection,
relocation or removal at CITY's expense. STATE will inspect the
protection, relocation or removal of such facilities. If there are
costs of such protection, relocation or removal which STATE and CITY
must legally pay, the costs shall be directly attributable to the
CITY and STATE's right of way responsibility for said STAGE I, as
outlined in Exhibit A. If any protection, relocation or removal of
utilities is required, such work shall be performed in accordance
with STATE policy and procedure. CITY shall require any utility
company performing relocation work in the STATE's right of way to
obtain a STATE encroachment permit prior to the performance of said
relocation work.
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12. If existing public and/or private utilities, conflict
with the construction of STAGE II, STATE will make all necessary
arrangements with the owners of such utilities for their protection,
relocation and removal. The STATE will inspect the protection,
relocation and removal of such facilities. If there are costs of
such protection, relocation, and removal of such facilities which
STATE and CITY must legally pay, the costs shall be directly
attributable to the CITY and STATE's rights of way respoasibility for
said STAGE II, as outlined in Exhibit B.
13. That CITY will bear all said costs of protecting,
relocating or removal of such conflicting utilities, including
STATE's expense for providing coordination, engineering,
administration and inspection services attributable to CITY's rights
of way responsibility in STAGE I and STAGE II.
14. That upon completion and acceptance of the STAGE I and
STAGE II construction contract to the satisfaction of the Resident
Engineer, STATE will accept control of and maintain, at its own costs
and expense, those portions of STAGE I or STAGE II lying within
STATE's right of way, except local roads delegated to CITY for
maintenance. STATE will maintain, at STATE expense, the entire
structure (vehicular overcrossing) below the deck surface.
15. CITY will accept control and maintain, at its own cost
and expense, the portions of STAGE I or STAGE II lying outside the
STATE's '~ight of way, inclusive of the overcrossing embankment.
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Also, CITY will maintain, at CITY expense, local roads within STATE's
right of way delegated to CITY fo~ maintenance and remaining portions
of the structure, including the deck surface and above, as well as
all traffic service facilities that may be required for the benefit
or control of CITY street traffic.
16. After opening bids for 'the STAGE I and if bids indicate
a dost overrun of no more than 15% of the estimate will occur, CITY
may award the contract.
17. If, upon opening of bids, it is found that a cost
overrun exceeding 15% of the estimate will occur, STATE and CITY
shall endeavor to agree upon an alternative course of action.
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18. CITY may terminate this Agreement in writing, provided
that CITY pays STATE for all costs incurred by STATE including costs
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which would otherwise be borne by STATE.
19. That should STATE incur any additional expense on behalf
of City necessary in carrying out this Agreement, said additional
expense shall be paid by CITY even though not specifically defined in
this A~reement.
20. Construction of STAGE I or referred to herein may
require alteration, deviation, additions to or omissions from
contract plans and specifications for STAGE I including increase or
decrease of quantities in items of work, That any change requested
by the parties hereto in the aforesaid construction that may be
necessary or desirable prior to completion of the work for STAGE I
shall require the written approval of both CITY and STATE for any.
Contract Change Order work where STATE's share will cost over
$15,000.
21. Construction of STAGE II referred to herein may require
alteration, deviation, additions to or omissions from contract plans
and specifications for STAGE II, including increase or decrease of
quantities in items of work. That any change requested by the
parties hereto or attributable to the improvement responsibilities of
the parties hereto in the aforesaid construction that may be
necessary or desirable prior to the completion of the work for
STAGE I-I shall require the written approval of both CITY and STATE
for any Contract Change Order work where CITY's share will cost over
$15,000.
22. That upon completion of all work under...~his.~ Agreement,
ownership and title to materials, equipment and appurtenances which
are installed within STATE's right-of-way will automatically be
vested in STATE, and materials, equipment and appurtenances installed
outside of STATE's right of way will automatically be vested in CITY,
except that ownership and title to all signal and lighting materials,
equipment and appurtenances which are installed will be owned by
STATE. No further agreement will be necessary to transfer ownership
as hereinabove stated.
.
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23. Neither the STATE nor any officer or employee is
responsible for any damage or liability occuring by reason of
anything done or omitted to be done by CITY under or' in connection
with any work,, authority or jurisdiction delegated to CITY under-this
Agreement. It is understood and agreed that, pursuant to Government
Code Section 895.4, CITY shall fully defend, indemnify and save
harmless the State of California, all officers and employees from all
claims, suits or actions of every name, kind and description brought
for or in account of injuries to or death of any person or damage to
property resulting from anything done or omitted to be done by CITY
under or in connection with any work, authority or jurisdiction
delegated to CITY under this Agreement.
24. That neither CITY nor any officer or employee thereof is
responsible for any damage or liability occurring by reasons of
anything done or omitted to be done by STATE under or in connection
with any work, authority or jurisdiction delegated to STATE under
this Agreement. It is understood and agreed that, pursuant to
Government Code Section 895.4, STATE shall defend, indemnify and save
harmless CITY from all claims, suits or actions of every name, kind·
and description brought for or on account of injuries to or death of
any person or damage to property resulting from anything done or
omitted to be done by STATE under or in connection with any work,
authority or jurisdiction delegated to the STATE under this
Agreement.
25. No alteration or variation of the terms of this
Agreement shall be valid unless made in writing and signed by the
parties hereto and no oral understanding or agreement not '
incorporated herein shall be binding on any of the parties hereto.
· . .
26. The terms of this Agreement concerning the construction
of STAGE I and. STAGE II 'shall terminate upon completion and
acceptance of STAGE II by STATE and CITY or .on January 1, 1993,
whichever is earlier in time. Should any claims arising out of STAGE
I or STAGE II be asserted against STATE, CITY agrees to extend the
termination date of the Agreement and provide additional' funding if
required to cover CITY's share of costs or execute a subsequent
agreement to cover those eventualities.
The ownership, operation, and maintenance clauses shall
remain in effect until terminated or modified in writing by mutual
agreement.
STATE OF CALIFORNIA
Department of Transportation
ROBERT K. BEST
Director of Transportation
CITY OF TUSTIN
By
M~yor
By At test:
KEITH E. McKEAN City Clerk
District Director
Approved as to Form and Procedure:
Attorney
Department of Transportation
Certifi .ed~.as tO Funds and Procedure
District Accounting Officer
_21_
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