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Home My WebLink AboutNew Business #3 5-18-87~_/~_~ ~ NO. 3. lq): WILLIAM A. ~USTON, CITY MANAGER · FROM: PUBLIC WOR~S DEPARll4ENT/ENGINEERING DIVISION SUBJECT: AGREEMENT WITH THE CITY OF SANTA ANA FOR IMPROVEMENT OF THE ATSF RAIL- WAY CROSSING ON I~U~NER AVENUE EAST OF PULL,mAN STREET RECOMMENDATION: For the City Council meeting of May 18, 1987. It is recommended that the City Council approve the agreement with the City of Santa Aha for improvement of ATSF Railway Crossing No. 2-178.8-C on Warner Avenue; and authorize the Mayor and City Clerk to execute same. BACKGROUND: This railway crossing is about 400' east of 'Pullman Street and is half in Santa Ana and half in Tustin. The existing crossing is rough and existing safety protection consists of flashing lights. Funds for automatic gates at the cross- ing were previously programmed with $92,700 in Federal funds and $5,150 from each ci ry. This agreement provides for widening of the crossing on the south side of Warner Avenue (within Santa Ana), replacement of wood planking with rubberized crossing material in both jurisdictions (Santa Ana and Tustin}, and installation of automatic gates and flashing lights at the crossing. It is proposed that Santa Aha would be the lead agency for the design and supervision of construction. This project is proposed to be funded by three agencies as follows: °CalTrans (Federal Funds) -Automatic Gates/Flashing Lights °City of Santa Ana- Road Widening, Rubberized Crossing Material & 5% Share of Automatic Gates/Flashing Lights °City of Tustin - Rubberized Crossing Material & 5% Share of Automatic Gates/Flashing Lights $ 92,700 46,000 26,000 $164,700 Ninety percent ($92,700) of the cost of the automatic gates and flashing lights was previously funded by a Federal program with 10% ($10,300) being local agency match money. On this project, the 10% match money is to be shared equally by Santa Ana and Tustin. Tustin's share of the project cost, in addition to the previously budgeted amount of $5,150 is estimated to be $21,000 for the installation/upgrading of the railroad crossing. Staff is recommending the upgrading of the subject MAY 13, 1987 PAGE 2 ii ii crossing wi th rubberized material on. Warner Avenue to provide a ~re maintenance-free crossing and smoother ride to motorists. If this material proves to be feasible, it is anticipated that it will be utilized on other ~jor streets such as Red Hill Avenue and Edinger Avenue. The additional $21,000 needed for Tustin's share would be included in the 1987-88 Fiscal Year budget. No billings will be received until after July 1. Bob Ledendecker Director of Public Works/City Engineer en Attachment Rd, nald E. Wol f~d Engi neeri ng Services Manager AGREEMENT FOR IMPROVEMENT OF WARNER AVENUE AT THE ATCHISON, TOPEKA AND SANTA FE RAILWAY CROSSING NO. 2-178.8-C, APPROXIMATELY 400 FEET EAST OF PULLMAN STREET THIS AGREEMENT is made and entered into, to be effective, this day of , 1987, by and between the CITY OF SANTA ANA (hereinafter "Santa Ana") and the CITY OF TUSTIN (hereinafter "Tustin"). WHEREAS, Santa Ana and Tustin desire to improve that portion of Warner Avenue located approximately 400 feet east of Pullman Street at the Atchison, Topeka and Santa Fe Railway Crossing No. 2-178.8-C (hereinafter the "Project") in accordance with engi- neering studies which indicate the need for such improvements. WHEREAS, the Project lies within the corporate limits of both Santa Ana and Tustin; and Tustin has joined Santa Aha in an application for construction funding through the Federal Highway Administration ("FHWA") for the improvement of this portion of Warner Avenue; and WHEREAS, the FHWA has allocated funds to Santa Ana and Tustin for fiscal year 1986-87 for the improvement of the Pro- ject, and construction has been scheduled to commence in fiscal year 1987-88; and WHEREAS, the parties hereto desire to provide for the con- struction .of the Project within both Santa Aha and Tustin con- currently and to set forth their respective rights and obliga- tions concerning the Project, with estimated costs as indicated on the attached Exhibits 1, 2 and 3, which are hereby incorpo- rated into this Agreement. NOW, THEREFORE, the parties hereto agree as follows: SectiQn 1: Santa Ana shall act as the lead agency for the processing of environmental impact assessments, studies, reports, and award of contract and shall be responsible for full compliance with the provisions of the California Environmental Quality Act ("CEQA") for the Project. Section_2: The Project will consist of the following impr ov ements: A. The eastbound side of Warner Avenue will be widened approximately 18 feet, installation of a catch basin and 12 inch lateral for drainage, extend the center median by approximately 14 feet and eliminate the existing Atchison, Topeka and Santa Fe Railroad discon- nected track running northwest of the main line, which now crosses Warner Avenue; B. The four (4) existing No. 8 flashing light signal warning devices shall be replaced by four (4) No. 9 flashing light signals with automatic gates; C. Rubberized railroad crossing material shall be in- stalled on the one track crossing remaining on warner Avenue, upon completion of or simultaneously to the above improvement s. ~.ection 3: Santa Ana shall be solely responsible for the preparation of plans and specifications for the Project, and for the advertisement and award of the construction contract for the Project pursuant to public bid requirements. In the event that the low bid exceeds the Engineer's estimate by more than fifteen percent (15%), Santa Aha shall not award a contract without written concurrence from Tustin. Section 4: Santa Aha shall be solely responsible for the administration and the construction contract and shall supervise all work performed. Section 5: Installation of the rubberized treatment, as described in Section 2 C above, shall be provided by the Atchison, Topeka and Santa Fe Railroad. ..Section 6: Both Santa Aha and Tustin agree that the preliminary cost estimates for the Project are Twenty-six Thousand Dollars ($26,000.00) for Tustin and Forty-six Thousand Dollars ($46,000.00) for Santa Ana, and shall include signaliza- tion, storm drain improvements and purchase of the rubberized crossing materials. Santa Ana and Tustin each agree to pay their share of the Project costs as follows: A. Santa Aha and Tustin shall each pay five percent (5%) of' the costs of improvements described and estimated in Exhibit 1; B. Santa Aha shall-pay .one hundred percent (100%) of the costs of improvements described and estimated in Ex- hibit 2; and C. Tustin shall pay one hundred percent (100%) of the costs of improvements described and estimated in Exhibit 3. Se~tion_7~: The parties agree and acknowledge that the cost estimates set forth in Exhibits 1, 2 and 3 are estimates only and both parties hereby agree to pay their respective share of the actual co sts. .Section 8: Upon award of a construction contract to the __ successful bidder, Santa Ana shall forward a copy of the bid abstract to Tustin together with an invoice for Tustin's share of construction, design engineering, survey and construction engi- neering costs. Tustin shall forward its share of funds to Santa Aha within thirty (30) days of invoice. Section 9: Upon completion of the Project, Santa Aha shall forward a copy of the final distribution of quantities and costs to Tustin. Appropriate funding adjustments will be made by both parties within thirty (30) days thereof. SectiQn 10: Tustin's Engineer approval shall be obtained for all change orders issued by Santa Ana pertaining to that portion of Project consisting of improvements described and estimated in Exhibits 1 and 3. Change orders issued without said approval shall not be eligible for reimbursement from Tustin. Section 11: Tustin and Santa Ana do hereby waive all claims and demands against each other for any loss, damage or injury of any kind or character to any person or property, arising out of the design and construction of Project, or arising from any act or omission of Santa Ana's or Tustin's respect of agents or employees, except to the extent occasioned by the sole negligence or willful misconduct of the parties or their agents or employees. Section 12: Santa Ana shall require the construction contractor for the improvements consisting of Project to maintain a policy of public liability insurance for personal injury and property damage, including motor vehicle operators, during all times of the contract in amounts and in form satisfactory to Tustin's City Attorney and Santa Ana's City Attorney. Said policy shall name Tustin, its officers, agents and employees as additional insureds thereon. Section 13: Upon recordation of the Notice of Completion, o each party shall be solely responsible for the maintenance of those improvements which remain within their respective corporate 1 imit s. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF SANTA ANA By Mayor ATTEST: City C1 er k APPROVED AS TO FORM: EDWARD J. COOPER ATTEST: CITY OF TUSTIN By Mayor City Clerk APPROVED AS TO FORM: JAMES G. ROURKE CITY ATTORNEY ,.. Sm :D: 04/21~7 (c67) Z CITY OF SANTA ANA EXHIBIT 2 EST..~- D. Urbin CHE~K *BY, DEPARTMENT OF PUBLIC WORKS' -COST AND QUANTITY ESTIMATE p[EOJECT ,, ~ AVENUE, 400' E/~T/PUT.TH/L, XT @ ~R TRACKS 1452 PROd£CT NO.- AHFP NO 4.8O34 ~'O. NO.- DATE- 01/08/87 **MO. ITEM .... ~u~n ~ ;; · uNIl PI~IGE GOST 1. Excavation (includes PCC remove] ) 10 CY 40 400 2. A.C. Const. 6 T 55 330 3. P.C.C. Const. (curb & gutter, median) 3 CY 200 600 4. Type "C" catch basin - 4' wide T.q 3,500 5. 12" ACP (PCC encased) 110 T.P 80 8,800 6. Landscape/soil import - median . T.~ 250 7. Rubber X' in~ material 52 LF 260 13,520 8. Striping T.~ 500 , 9. Detouring Ts 2,000 10 Si~p~als and automatic gates T.~ 5,150 , ,, , , _ .0 )MMENT$ . 35,050 $~ TOTAC ...... -- 3,950 % GONTINGENClES. , % ENGR~ & iNSP. . 7,000 - TOTAC EST. COST 46,000 · ~W-]9] - ]2/75 - x . sH~._k_o~ ] CITY OF SANTA ANA EXHIBIT 3 EST..~Y~ D. Urbin CHECK 'BY DEPARTMENT OF PUBLIC WORKS' -COST AND QUANTITY ESTIMATE P~0JECT ~[~qSIER AVENUE, 400' E/PL~,THAN @ AT&SF TRACK~ UMIT$- .TUSTIN PRO4ECT NO.- 1452 AHFP NO, 4~34 · ~o. N~ OATE 01/08/87 .MO. iTEM .... ~IUAN i i I · %)Nil- PRIGE COST 1. Excavation (includes PCC removal) 5 CY 40 200 , 2. A.C. Const. T.q 55 3. Tandscape/soil import - Median T.q 250 , 4. Rubber X' lng material 50 LF 260 13,000 5. Striping TS 100 6. Detouring T.c: 2,000 · 7. Signals and autcmatic gates Ts 5,150 _ _ .. ')laMENTS ~ 20,755 SU~ TOTAL _ _ _ % GONTINGENGIES,, 2,145 % ENGRG. & INSp. 3,100 -' TOTAL EST. GOST ~- 'W-'I9'I - '1~)/75 - x .~ S.T.-i_0F i