HomeMy WebLinkAbout90-77 - Design and Construction Contract with CALTRANS, Fairview Road/South Coast Drive Off -rampRESOLUTION NO. 90-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AGREEING TO ENTER INTO
DESIGN AND CONSTRUCTION CONTRACTS BETWEEN THE
CITY OF COSTA MESA AND THE CALIFORNIA DEPARTMENT
OF TRANSPORTATION (CALTRANS).
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS
FOLLOWS:
WHEREAS, the Department of Transportation and the City of Costa Mesa
have completed studies in Orange County for improvements to Route 405 in
Costa Mesa; and
WHEREAS, the Department of Transportation has completed a Negative
Declaration in compliance with the California Environmental Quality Act,
the State CEQA Guidelines, and the Department and California Transportation
Commission Regulations; and
WHEREAS, the City of Costa Mesa and the California Department of
Transportation wish to enter into design and construction agreements for
improvements to Fairview Road and construction of the South Coast Drive
offramp; and
WHEREAS, the City of Costa Mesa and CALTRANS have worked cooperatively
in developing modifications to the Fairview Road offramps in the City of
Costa Mesa; and
WHEREAS, the City of Costa Mesa and CALTRANS have worked jointly on
the design of the South Coast Drive offramp; and
WHEREAS, the City and CALTRANS agree to work together during construc-
tion of the above improvements; and
WHEREAS, these projects will be executed by contracts agreed to by the
City and CALTRANS in order to delineate areas of responsibility between the
City of Costa Mesa and CALTRANS;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Costa Mesa concur with these proposed contracts as shown in Exhibit "A"
attached. Design and construction contracts between the City of Costa Mesa
and CALTRANS will be executed for the proposed I-405/South Coast Drive
offramp and the improvements to Fairview Road.
PASSED AND ADOPTED this 1st day of October, 1990.
ATTEST:
e 1, � �;' �� 64, �* �
Ci y Clerk of the City of Costa y
sa
Mayor of the City Costa Mesa
OJ O
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and fore-
going Resolution No. 90-77 was duly and regularly passed and adopted by
the said City Council at a regular meeting thereof, held on the 1st day of
October, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 2nd day of October, 1990.
ty Clerk an exrofficio Cl k of the
City Council of the City of osta Mesa
�I,
12 -ORA -405 9.9/10.8
at N/B Fairview Road/
South Coast Drive Off -ramp
12208 - 000870
12 -ORA -405 10.8
at S/B Fairview Road
Off -ramp
12208 - 001150
District Agreement 12-055
COOPERATIVE AGREEMENT
This AGREEMENT, entered into on QCi06fr l 19% is between
the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as STATE, and
CITY OF COSTA MESA
a body politic and a municipal
corporation of the State of
California, referred to herein as
CITY.
1
Exhibit "A"
Resolution No. 90-77
Page 1 of 42
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10
District Agreement 12-055
RECITALS
(1) STATE and CITY, pursuant to Streets and Highways Code Section
130 are authorized to enter into a Cooperative Agreement for
improvements to State highways within CITY.
(2) CITY desires State highway improvements on I-405 between Bristol
Street and Euclid Street, consisting of:
Estimated
Proiect Description Construction Costs
(A) Northbound Fairview Road off -ramp
modification and new connection
for a northbound off -ramp to
South Coast Drive. $ 1,791,000
(B) Widen the northbound Fairview
Road off -ramp near intersection
with Fairview Road to four lanes. $ 609,000
(C) Widen the southbound Fairview
Road off -ramp near intersection
with Fairview Road to four lanes. $ 406,000
TOTAL PROJECTS COST
04
Exhibit "A"
Resolution No. 90-77
Page 2 of 42
$ 2,806,000
District Agreement 12-055
referred to herein as PROJECT, and is willing to fund one
hundred (100) percent of all capital outlay and staffing costs,
except that costs of STATE's oversight of construction
activities will be borne by STATE.
3) CITY desires to prepare the contract documents and advertise,
award and administer the construction contract for PROJECT in
order to bring about the earliest possible completion of
PROJECT.
(4) STATE is agreeable to CITY's proposal to prepare the contract
documents and advertise, award, and administer the construction
contract for PROJECT.
(5) The parties hereto intend to define herein the terms and
conditions under which PROJECT will be constructed, financed,
and maintained.
(6) Project development responsibilities for said PROJECT were
covered in a separate Cooperative Agreement (District Agreement
No. 12-056).
3
Exhibit "A"
Resolution No. 90-77
Page 3 of 42
District Agreement 12-055
SECTION I
CITY AGREES:
(1) To advertise, award and administer the construction contract
for PROJECT in accordance with the requirements of the Local
Agency Public Construction Act and the California Labor Code,
including its prevailing wage provisions. Workers employed in
the performance of work contracted for by a CITY, and/or
performed under encroachment permit, are covered by provisions
of the Labor Code in the same manner as are workers employed by
STATE's Contractors. CITY shall obtain applicable wage rates
from the State Department of Industrial Relations and shall
adhere to the applicable provisions of the State Labor Code.
Violations shall be reported to the State Department of
Industrial Relations.
(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 in
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Articles (2), (3), (4), and (5) of Section III, of this
Agreement.
4
Exhibit "A"
Resolution No. 90-77
Page 4 of 42
L
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District Agreement 12-055
(3) To require that the construction contractor furnish both a
payment and performance bond in CITY's name, with both bonds
complying with the requirements set forth in Section 3-1.02 of
STATE's current Standard Specifications.
(4) To construct PROJECT in accordance with plans and specifications
of CITY, to the satisfaction of and subject to the approval of
STATE.
(5) Contract administration procedures shall conform to the
requirements set forth in STATE's Construction Manual, Local
Programs Manual and the Encroachment Permit for construction of
PROJECT.
(6) Construction within the existing or ultimate State right-of-way
shall comply with the requirements in STATE's Standard
Specifications and PROJECT Special Provisions and in conformance
with methods and practices specified in STATE's Construction
Manual.
(7) If CITY uses own staff to perform surveys, such surveys shall
conform to the methods, procedures, and requirements of STATE's
Surveys Manual.
5
Exhibit "A"
Resolution No. 90-77
Page 5 of 42
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District Agreement 12-055
(8) Material testing and quality control shall conform to the State
Construction Manual, the State Material Testing Manual, and be
performed, at CITY expense, by a certified material testing
consultant acceptable to STATE. Independent assurance testing,
specialty testing, and off-site source inspection and testing,
as indicated in the special provisions, will be performed by
STATE at no cost to CITY. Type approval of asphalt and concrete
plants shall be by STATE, at STATE expense.
(9) At CITY expense, to furnish a field site representative, subject
to approval of STATE, who is a licensed Civil Engineer in the
State of California, to perform the functions of a Resident
Engineer. If PROJECT plans and specifications were prepared by
private design consultant, the Resident Engineer Shall not be
employee of that consultant. The Resident Engineer shall also
be independent of the construction contractor.
(10) To pay 100% of the actual costs of construction required for
satisfactory completion of PROJECT, including changes pursuant
to contract change orders concurred with by STATE representative
and any "State furnished material".
C
Exhibit "A"
Resolution No. 90-77
.Rage 6 of 42
District Agreement 12-055
(11) At CITY expense, to furnish qualified support staff, subject to
approval of STATE, to assist the Resident Engineer in, but not
limited to, construction surveys, soils and foundation tests,
measurement and computation of quantities, testing of
construction materials, 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. Said qualified staff support shall be
independent of the design engineering company and construction
contractor, except that the design consultant may check the shop
drawings, do soils foundation tests, test construction
materials, and do construction surveys.
(12 ) To make the progress payments to the contractor using CITY funds
and pay all costs for required staff services as described in
Article (9) and (11) above of this Section I. STATE
representative shall review all contract progress pay schedules.
STATE does not assume responsibility for accuracy of itemization
on progress pay schedules.
(13) Within sixty (60) days following the completion and acceptance
of PROJECT construction contract, to furnish STATE a complete
Exhibit "A"
Resolution No. 90-77
Page 7 of 42
40
District Agreement 12-055
set of acceptable full-sized film positive reproducible As -Built
plans and all contract records, including survey documents and
microfilm copy of all structure plans.
(14) Upon completion of work under this Agreement, CITY will assume
maintenance and the expense thereof for any part of PROJECT
located outside of current STATE right-of-way until acceptance
of any such part of PROJECT into the State Highway system by
STATE, approval by the Federal Highway Administration, if
required, and conveyance of acceptable title to STATE.
(15) If CITY terminates PROJECT prior to completion of the
construction contract for PROJECT, STATE may require CITY, at
CITY expense, to return right-of-way to its original condition
or to a condition of acceptable permanent operation. If CITY
fails to do so, STATE reserves the right to finish PROJECT or
place PROJECT in satisfactory permanent operation condition.
STATE will bill CITY for all actual expenses incurred and CITY
agrees to pay said expenses with within thirty (30) days or
STATE, acting through the State Controller, may withhold an
equal amount from future apportionments due CITY from the
Highway User Tax Fund.
8
Exhibit "A"
Resolution No. 90-77
Page 8 of 42
District Agreement 12-055
SECTION
11
.STATE ?AGREES
(1) To issue, at no cost to CITY.and CITY's contractor, 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 (2),
(3), (4) and (5) of Section III, of this Agreement.
(2) To provide, at no cost to CITY, a qualified STATE representative
who shall have authority to accept or reject work and materials
or to order any actions needed for public safety or the
preservation of property and to assure compliance with all
provisions of the Encroachment Permit(s) issued to CITY and to
CITY's contractor.
(3) To provide, at CITY expense, any "State furnished material" as
shown on the plans for PROJECT and as provided in the Special
Provisions for PROJECT.
SECTION III
IT IS MU T UA LY AGREED:
(1) All 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.
9
Exhibit "A"
Resolution No. 90-77
Page 9 of 42
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District Agreement 12-055
(2) Construction by CITY of improvements referred to herein with
lie within STATE highway rights-of-way or affect STATE
facilities, shall not be commenced until CITY's original
contract plans involving such work and plan for utility
relocations have been reviewed and approved by signature of
STATE's District Director of Transportation, or the District
Director's delegated agent, and until an Encroachment Permit to
CITY authorizing such work has been issued by STATE.
(3) CITY will obtain aforesaid Encroachment Permit through the
office of State District Permit Engineer and CITY's application
shall be accompanied by five 151 sets of reduced construction
1l ans of aforesaid STATE approved contract plans. Receipt by
CITY of the approved Encroachment Permit shall constitute CITY's
authorization from STATE to proceed with work to be performed
by CITY or its consultants within proposed 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 be contingent upon CITY's compliance with all provisions
set forth in this Agreement and said Encroachment Permit.
10
Uchibit "A"
Resolution No. 90-77
Page 10 of 42
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District Agreement 12-055
(4) CITY's construction contractor shall also be required to obtain
an Encroachment Permit from STATE prior to commencing any work
within STATE rights-of-way or which affects STATE facilities.
The application by CITY's contractor for said Encroachment
Permit shall be made through the office of State District Permit
Engineer and shall include proof said contractor has payment and
performance surety bonds covering construction of PROJECT.
(5) CITY shall provide a right-of-way certification prior to the
granting of said Encroachment Permit by STATE, to certify that
legal and physical control of rights-of-way has been acquired,
that same is ready for construction, and that all rights-of-way
were acquired in accordance with applicable State and Federal
laws and regulations.
(6) CITY shall not award a contract to construct any portion of
PROJECT within the proposed STATE rights-of-way until after an
encroachment permit has been issued to CITY by STATE.
(7) CITY's construction contractor shall maintain in force, until
completion and acceptance of PROJECT construction contract, a
policy of Contractual Liability Insurance, including coverage
of Bodily Injury Liability and Property Damage Liability in
accordance with Section 7-1.12 of State Standard Specifications.
11
Exhibit "A"
Resolution No. 90-77
Page 11 of 42
CC
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District Agreement 12-055
Such policy shall contain an additional insured endorsement
naming STATE, its officers, agents 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 issuance of an Encroachment Permit
to CITY's contractor.
(8) Prior to award of the construction contract for PROJECT, CITY
may terminate this agreement by written notice.
(9) In construction of said PROJECT, representatives of CITY and
STATE will cooperate and consult, and all work pursuant to
Project shall be accomplished according to approved plans,
specifications and applicable STATE standards. Satisfaction of
these requirements shall be verified by STATE representative.
STATE representative is authorized to enter CITY's property
during construction for the purpose of monitoring and
coordination construction activities.
(10) Changes to PROJECT plans and specifications shall be implemented
by contract change orders reviewed and concurred with by STATE's
representative. All changes affecting public safety or public
convenience, all design and specification changes, and all major
12
Exhibit "A"
Resolution No. 90-77
Page 12 of 42
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District Agreement 12-055
changes defined in STATE'S Construction Manual shall be
approved by STATE in advance of performing the work. Unless
otherwise directed by STATEEIs representative, changes authorized
as provided herein will not require an encroachment permit
rider. All changes shall be shown on the As -Built plans
referred to in Section I, Article (13) of this Agreement.
(11) CITY shall provide a claims process acceptable to STATE, and
shall process any and all claims through CITY's claim process.
STATE representative will be made available to CITY to provide
advice and technical input in any claim process. Said claims
process shall include a provision for arbitration.
(12) If existing public and/or private utilities conflict with the
construction of PROJECT, CITY shall make all necessary
arrangements with the owners of such utilities for their
protection, relocation or removal. CITY shall inspect the
protection, relocation or removal of such facilities. If any
protection, relocation or removal of utilities is required, such
work will be performed in accordance with STATE policy and
procedure for those utilities within STATE's existing or
proposed right-of-way and in accordance with CITY policy for
13
Exhibit "A"
Resolution No. 90-77
Page 13 of 42
10
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District Agreement 12-055
those utilities outside STATE's existing or proposed right-of-
way. Total costs of such protection, relocation, or removal
shall be borne by CITY or those other than STATE in accordance
with the terms of the Highway Encroachment Permits, Case Law,
Public Utility Regulations and Property Rights. CITY shall
require any utility company performing relocation work in
STATE Is right-of-way to obtain a STATE Encroachment Permit
prior to the performance of said relocation work. Any relocated
or new utilities• shall be correctly shown and identified on the
As -Built plans referred to in Section I, Article (13) of this
Agreement.
(13) Pursuant to the authority contained in Section 591 of the
Vehicle Code, STATE has determined that within such areas as are
within the limits of PROJECT and are open to public traffic,
CITY shall comply with all of the requirements set forth in
Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CITY
shall take all necessary precautions for safe operation of
CITY's vehicles, the construction contractor's equipment and
vehicles and/or vehicles of the consultants retained by CITY and LOD
00
for the protection of the traveling public from injury and I�
damage from such vehicles or equipment.
14
Etc ibit "A"
Resolution No. 90-77
Page 14 of 42
District Agreement 12-055
(14) Upon completion and acceptance of PROJECT construction contract
by CITY to the satisfaction of STATE representative and
subsequent to the execution of a maintenance agreement, STATE
will accept control of and maintain, at its own cost and
expense, those portions of PROJECT lying within STATE's right-
of-way, except local roads delegated to CITY for maintenance.
(15) CITY will accept control and maintain, at its own cost and
expense, the portions of PROJECT lying outside STATE's right-
of-way.
(16) Upon completion of all work under this 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
which are installed will be owned by STATE. No further
agreement will be necessary to transfer ownership as
hereinabove stated.
1�
(17) Neither STATE nor any officer or employee thereof shall be i
responsible for any damage or liability occurring by reason of
anything done or omitted to be done by CITY under or in
connection with any work, authority of jurisdiction delegated
to CITY under this agreement. It is understood and agreed that,
15
Exhibit "A"
Resolution No. 90-77
Page 15 of 42
District Agreement 12-055
pursuant to Government Code Section 895.4, CITY shall fully
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 on account of
injury (as defined in Government Code Section 810.8) occurring
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.
(18) 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.
(19) Those portions of this Agreement pertaining to the construction
of PROJECT shall terminate upon completion and acceptance of
PROJECT construction contract by CITY or on January 1, 1997,
whichever is earlier in time; however, the ownership,
operation and maintenance, and claims clauses shall remain in lf�
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effect until terminated or modified in writing by mutual
agreement.
16
Exhibit "A"
Resolution No. 90-77
Page 16 of 42
1
District Agreement 12-055
STATE OF CALIFORNIA
Department of Transportation
ROBERT K. BEST
Director of Transportation
By
Walt H. Ha -9A' 1ef
Deputy Distric Director
APPROVED A TO FORM AND PROCEDURE:
\j4&.6 0
At ney
Department of Transportation
CERTIFIED AS TO FUNDS AND PROCEDURE:
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:IA��
District Acco ting Officer
17
CITY OF COSTA MESA
BY
Mayor
Attest:
`City httorn" edQrk
)do90 -77 C
APPROVED AS TO FORM AND PROCEDURE:
tm k
City Attorney
Exhibit "A"
Resolution No. 90-77
Page 17 of 42
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12 -ORA -405 9.9/10.8
at N/B Fairview Road/
South Coast Drive Off -ramp
12208 - 000870
12 -ORA -405 10.8
at S/B Fairview Road
Off -ramp
12208 - 001150
District Agreement No. 12-056
This AGREEMENT, entered into on e9e 'a - , 19?4), is
between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as STATE, and
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CITY OF COSTA MESA
a body politic and municipal
corporation of the State of
California, referred to herein as
CITY.
1
Eich ib i t "A"
Resolution No. 90-77
Page 18 of 42
District Agreement No. 12-056
RECITALS
(1) STATE and CITY, pursuant to Streets and Highways Code
Section 130 and Highways Code Section 14529.12, are
authorized to enter into a Cooperative Agreement for
improvements to State highways within CITY.
(2) CITY desires State highway improvements on I-405 between
Bristol Street and Euclid Street, consisting of:
Project Description
(A) Northbound Fairview Road off -ramp
modification and new connection
for a northbound off -ramp to
South Coast Drive.
(B) Widen the northbound Fairview
Road off -ramp near intersection
with Fairview Road to four lanes.
(C) Widen the southbound Fairview
Road off -ramp near intersection
with Fairview Road to four lanes.
TOTAL PROJECT COST
2
Exhibit "A"
Resolution No. 90-77
Page 19 of 42
Estimated
Construction Costs
$ 1,791,000
$ 609,000
$ 406,000
$ 2,806,000
qr
District Agreement No. 12-056
referred to herein as "PROJECT", and is willing to fund one
hundred (100) percent of all capital outlay and staffing
costs, except that costs of STATE's oversight of
environmental, design and right-of-way activities may be
borne by STATE.
(3) This Agreement supersedes any Memorandum of Understanding
(MOU) relating to PROJECT.
(4) Construction of said PROJECT will be the subject of a
separate agreement.
(5) The parties hereto desire to define herein the terms and
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conditions under which PROJECT will be developed and QO
designed. f�
SECTION I
CITY AGREES:
(1) To fund one hundred (100) percent of all preliminary and
design engineering costs, including, but not limited to,
costs for preparation of contract documents and advertising
and awarding PROJECT construction contract.
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3
Exhibit "A"
Resolution No. 90-77
Page 20 of 42
U .L
District Agreement No. 12-056
(2) To have a Project Report (PR), Environmental Document (ED),
and detailed Plans, Specifications and Estimates (PS&E)
prepared at no cost to STATE and to submit each to STATE for
review and approval at appropriate stages of development.
Final plans shall be signed by a Civil Engineer registered
in the State of California.
(3) To permit STATE to monitor and participate in the selection
of personnel who will prepare the PR, conduct environmental
studies and obtain the environmental clearance, prepare the
PS&E, and perform right-of-way activities. CITY also
agrees, if requested by STATE, to discontinue the services
of any personnel considered by STATE to be unqualified on
the basis of credentials, professional expertise, failure to
perform in accordance with scope of work and/or other
pertinent criteria.
(4) Within thirty (30) days of written notification from STATE,
CITY shall deposit with STATE: cash; a bond; or a letter of
credit from a Federally insured lending institution; or
establish an escrow account in the amount of $85,000, which
figure represents the estimated cost of STATE's oversight of
environmental, design and right-of-way activities. Such
funds shall be subject to release or retention pursuant to
Article (2) of Section III.
4
Exhibit "A"
Resolution No. 90-77
Page 21 of 42
Fr� `V i•1
District Agreement No. 12-056
(5) Personnel who prepared the PS&E will be available to STATE,
at no cost to STATE, through completion of construction of
PROJECT to discuss problems which may arise during
construction and/or to make design revisions for contract
change orders.
(6) Not to use funds from any Federal aid program for design of
PROJECT.
(7) To make written application to STATE for necessary
encroachment permits authorizing entry onto STATE's right-
of-way to perform surveying and other investigative
activities required for preparation of the PR, ED and/or
PS&E.
(8) To identify and locate all high and low risk underground
facilities within PROJECT area, and protect or otherwise
provide for such utilities, all in accordance with STATE's
"Manual on High and Low Risk Underground Facilities Within
t�:
District Agreement No. 12-056
(9) If any existing public and/or private utilities conflict
with the construction of PROJECT, CITY will make all
necessary arrangements with the owners of such utilities for
their protection, relocation, or removal. CITY will inspect
the protection, relocation, or removal, and if there are
costs of such protection, relocation, or removal which STATE
and/or CITY must legally pay, CITY will bear the cost of
said protection, relocation, or removal, plus cost of
engineering overhead and inspection. If any protection,
relocation, or removal of utilities is required, such work
will be performed in accordance with STATE policy and
procedure for those utilities within STATE's existing or
proposed right-of-way and in accordance with CITY policy for
those utilities outside STATE's existing or proposed right-
of-way.
(10) To furnish evidence to STATE, in a form acceptable to STATE,
that arrangements have been made for the protection,
relocation, or removal of all conflicting utilities within
STATE's right-of-way and that such work will be completed
prior to the award of the contract to construct PROJECT or
as covered in the Special Provisions for said contract.
This evidence shall include a reference to all required
State Highway Encroachment permits.
s
Exhibit "A"
Resolution No. 90-77
Page 23 of 42
District Agreement No. 12-056
(11) To relocate utility facilities with STATE's right-of-way to
STATE specifications per STATE's Encroachment Manual and the
Manual on High and Low Risk Underground Facilities Within
Highway Rights -of -Way.
(12) To comply with the terms and conditions of the Highway
Encroachment Permits, existing California Law, including
Statutory and Case Law, and all existing property rights
when determining liability for utility relocation costs.
(13) 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 right-of-way.
(14) To utilize the services of a qualified local public agency
in all right-of-way acquisition related matters in
accordance with STATE procedures as contained in Right -of -
Way Procedural Handbook, Volume 9. Qualified public agency
employees shall administer any contract for right-of-way
services.
7
Exhibit "A"
Resolution No. 90-77
Page 24 of 42
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District Agreement No. 12-056
(15) To certify legal and physical control of right-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.
(16) To deliver to STATE legal title to the right-of-way, free
and clear of all liens and encumbrances detrimental to
STATE's present and future uses prior to the date acceptance
by STATE of maintenance and operation of the highway
facility.
SECTION II
STATE AGREES:
(1) To provide, pursuant to Article (2) of Section III,
oversight of PROJECT and to provide prompt reviews and
approvals, as appropriate, of submittals by CITY, and to
cooperate in timely processing of PROJECT.
(2) To provide, pursuant to Article (2) of Section III,
oversight of all right-of-way activities undertaken by CITY,
or its designee, pursuant to this Agreement.
8
Exhibit "A"
Resolution No. 90-77
Page 25 of 42
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District Agreement No. 12-056
(3) To issue, at no cost to CITY, upon proper written
application by CITY, an encroachment permit to CITY
authorizing entry onto STATE's right-of-way to perform
survey and other investigative activities required for
preparation of the PR, ED and/or PS&E.
SECTION UI
IT IS MUTUALLY AGREED:
(1) All 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.
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Exhibit "A"
Resolution No. 90-77
Page 26 of 42
JUi
District Agreement No. 12-056
(2) If a construction contract for PROJECT is awarded within
five (5) years from the execution date of this Agreement,
STATE shall return CITY's deposit, pursuant to Article (4)
of Section I, without deduction, within thirty (30) days of
written notice to STATE that CITY has awarded the contract.
In the event a construction contract for PROJECT is not
awarded within said five (5) years, STATE will deduct all
oversight costs to date, free of interest, and return any
unused deposit to CITY within thirty (30) days after said
5 year period has expired. If costs of STATE oversight
exceed said deposit, STATE will bill CITY for any additional
amount due STATE within thirty (30) days after said 5 -year
period has expired and COMMISSION will pay said amount
within thirty (30) days after receipt of such billing.
(3) STATE may grant a time extension beyond said 5 -year period
if a finding by STATE is made that reasonable progress is
being made and that a construction contract is likely to
result within a reasonable period of time. STATE shall not
return deducted funds, whether or not PROJECT is ultimately
constructed.
10
Exhibit "A"
Resolution No. 90-77
Page 27 of 42
District Agreement No. 12-056
(4) If STATE charges CITY for oversight pursuant to Article (2)
above of this Section III, the costs to be charged CITY for
STATE's oversight will include all direct and indirect costs
(functional and administrative overhead assessment)
attributable to such work applied in accordance with STATE's
standard accounting procedures.
(5) It is understood that a separate Cooperative Agreement will
be required to cover responsibilities and funding for
PROJECT construction phase.
(6) It is understood and agreed that neither STATE nor any
officer or employee thereof is responsible for any damage or
liability occurring 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 on account
of injury (as defined in Government Code Section 810.8)
occurring 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.
11
Exhibit "A"
P%esolution No. 90-77
Page 28 of 42
CC3
District Agreement No. 12-056
(7) The parties hereto will carry out PROJECT in accordance with
the Scope of Work, attached and made a part of this
Agreement, which outlines the specific responsibilities of
the parties hereto. The attached Scope of Work in the
future may be modified to reflect changes in the
responsibilities of the respective parties. Such
modifications shall be concurred with by CITY's Director of
Public Works or other official designated by CITY and
STATE's District Director for District 12 and become a part
of this Agreement as a supplement to this Agreement after
execution by the respective officials of the parties.
(8) Prior to award of a construction contract, CITY may
terminate PROJECT and this Agreement in writing, provided
CITY pays STATE for all PROJECT oversight costs incurred by
STATE prior to termination. STATE will deduct all oversight
costs to date, free of interest, and return any unused
deposits to CITY within thirty (30) days of written notice
of termination of Agreement. If costs of STATE oversight
exceed said deposit, STATE will bill CITY for any additional
amount due STATE within thirty (30) days after receipt of
such billing.
12
Exhibit "A"
Resolution No. 90-77
Page 29 of 42
CM
�l
District Agreement No. 12-056
(9) Except as otherwise provided in Article (8) above, this
Agreement shall terminate upon completion and acceptance of
the construction contract for PROJECT or on December 31,
1995, whichever is earlier in time.
STATE OF CALIFORNIA CITY OF COSTA MESA
Department of Transportation
ROBERT K. BEST BY
Director of Transportation Mayor
By Z��
Walt H. Hagen, ie
Deputy District Director
APPROVED AS TO FORM AND PROCEDURE:
Attoey
Depar ment of JaLportation
CERTIFIED AS TO FUNDS AND PROCEDURE:
Distric Acc ting Officer
13
Attest: 9
City Clerk
` .i. qG-774�jy�
l31c.�. /, 1170
APPROVED AS TO FORM AND PROCEDURE
Al -I
Attorney
Ali i bit "A"
Resolution No. 90-77
Page 30 of 42
J
District Agreement No. 12-056
12 -ORA -405 9.9/10.8
at N/B Fairview Road/
South Coast Drive Off -ramp
12208 - 000870
12 -ORA -405 10.8
at S/B Fairview Road
Off -ramp
12208 - 001150
SCOPE OF WORK
This Scope of Work outlines the specific areas of responsibility
for various project development activities for the proposed
construction on I-405, consisting of a new connection to South
Coast Drive for northbound Fairview Road off -ramp; widen the
northbound and southbound Fairview off -ramp near intersection
with Fairview Road to four lanes each; and modify the northbound
Fairview Road off -ramp.
1) STATE will be the Lead Agency and CITY will be a Responsible
Agency for CEQA. CITY will prepare the Environmental
Document (ED) to meet the requirements of CEQA and NEPA.
The draft and final ED will require STATE review and
approval prior to public circulation. CITY will provide all
data for and prepare drafts of the Project Report (PR) and
Project Approval Report (PAR). STATE will review and
process the reports and approve PROJECT. (The ED has been
approved and the public hearing process has been completed).
14
Exhibit "A"
Resolution No. 90-77
Page 31 of 42
J 4 1
a
District Agreement No. 12-056
2) CITY and STATE concur that the proposal is a Category 3 as
defined in STATE's Project Development Procedures Manual.
3) CITY will submit drafts of environmental technical reports,
and of individual sections of the draft environmental
documents to STATE, as they are developed, for review and
comment. Traffic counts and projections to be used in the
various reports shall be supplied by STATE if available, or
by the CITY. Existing traffic data shall be furnished by
CITY.
(4) STATE will review, monitor, and approve all project
development reports, studies, and plans, and provide all
necessary implementation activities through advertising of
the project. CO
C�2
5) CITY will prepare the revised freeway agreement and STATE
will request approval of the new public road connection(s)
from the California Transportation Commission.
15
Exhibit "A"
Resolution No. 90-77
Page 32 of 42
District Agreement No. 12-056
6) All phases of PROJECT, from inception through construction,
whether done by CITY or STATE, will be developed in
accordance with all policies, procedures, practices, and
standards that STATE would normally follow.
7) Detailed steps in the project development process are
appended to this Scope of Work. This appendix is intended
as a guide to STATE and CITY staff.
16
Exhibit "A"
Rc;solution No. 90-77
Page 33 of 42
CA
X
J'`1
District Agreement No. 12-056
APPENDIX A PLANNING PHASE ACTIVITIES
RESPONSIBILITY
PROJECT ACTIVITY STATE CITY
1. ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION
Establish Project Development Team (PDT) X X
Approve PDT X
Project Category Determination X
Prepare Preliminary Environmental Assessment X
Identify Preliminary Alternatives and Costs X
Prepare and Submit Environmental Studies
and Reports X Cep
Review and Approve Environmental Studies
and Reports X
Prepare and Submit Draft Environmental
Documents (DED) X
Review DED in District X
2. PROJECT GEOMETRICS DEVELOPMENT
Prepare Existing Traffic Analysis X
17
Exhibit "A"
Resolution No. 90-77
Page 34 of 42
1
District Agreement No. 12-056
RESPONSIBILITY
I'ROJECT ACTIVITY STATE CITY
Prepare Future Traffic Volumes for Alternatives X
Prepare Project Geometrics.and Profiles X
Prepare Layouts and Estimates for Alternatives X
Prepare Operational Analysis for Alternatives X
Prepare and Approve Project Geometrics and
Operational Analysis X
3. PROJECT APPROVAL
Certify ED in accordance to CITY's
Procedures X
Prepare Draft Project Report (DPR) X
Finalize and Submit Project Report with
Certified ED for approval X
Approve Project Report X
18
Exhibit "A"
Resolution No. 90-77
Page 35 of 42
District Agreement No. 12-056
APPENDIX � DESIGN PHASE ACTIVITIES
PROJECT ACTIVITY
1. PRELIMINARY COORDINATION
Request 1 - Phase EA
Field Review of Site
Provide Geometrics
Approve Geometrics
Obtain Surveys & Aerial Mapping
Obtain Copies of Assessor Maps
and Other R/W Maps
Obtain Copies of As-Bui.lts
Send Approved Geometrics to Local Agencies
for Review
Revised Approved Geometrics if required
Approve Final Geometrics
Determine Need for Permits
from other Agencies
Request Permits
19
Exhibit "A"
Resolution No. 90-77
Page 36 of 42
RESPONSIBILITY
STATE CITY
X
X X
X
X
X
X
X cz
X
X
X
X X
X
f�
District Agreement No. 12-056
PROTECT ACTIVITY
Initial Hydraulics Discussion
with District Staff
Initial Electrical Design
Discussion with District Staff
Initial Traffic & Signing Discussion
with District Staff
Initial Landscape Design
Discussion with State Staff
Plan Sheet Format Discussion
2. ENGINEERING STUDIES AND REPORTS
Prepare & Submit Materials
Report & Typical Section
Review and Approve Materials
Report & Typical Sections
Prepare & Submit Landscaping Recommendation
Review & Approve Landscaping Recommendation
Prepare & Submit Hydraulic Design Studies
Review & Approve Hydraulic Design Studies
20
Exhibit "A"
Resolution No. 90-77
Page 37 of 42
RESPONSIBILITY
STATE CITY
VA
0.1
X
X X
Co
Cin
X
X
X
X
X
X
10
District Agreement No. 12-056
PROJECT ACTIVITY
Prepare & Submit Bridge General Plan &
Structure Type Selection
Review & Approve Bridge General Plan &
Structure Type
RESPONSIBILITY
gTATE CITY
X
KI
3. R/W ACQUISITION & UTILITIES
Request Utility Verification X
Request Preliminary Utility
Relocation Plans from Utilities X
Prepare R/W requirements X
Prepare R/W and Utility Relocation Cost
Estimates X
Submit R/W Requirements & Utility Relocation
Plans for Review X
Review and Comment on R/W Requirements X
Longitudinal Encroachment Review X X
21
Exhibit "A"
Resolution No. 90-77
Page 38 of 42
District Agreement No. 12-056
PROJECT ACTIVITY
Longitudinal Encroachment Application to
State
Approve Longitudinal Encroachment Application
Request final Utility Relocation Plans
Check Utility Relocation Plans for Approval
Submit Utility Relocation Plans for approval
Approve Utility Relocation Plans
Submit Final R/W Requirements for Review
& Approval
Fence and Excess Land Review
R/W Layout Review
Approve R/W Requirements
Obtain Title Reports
Complete Appraisals
Review and Approve Appraisals for
Setting Just Compensation
Prepare Acquisition Documents
22
Exhibit "A"
Resolution No. 90-77
Page 39 of 42
RESPONSIBILITY
STATE CITY
►,1
X
X
X
X
X
X
X
X
X
X
X
X
37.3
District Agreement No. 12-056
SPONSIBILITY
PROJECT ACTIVITY
STATE CITY
Acquire R/W
X
- Open Escrows and Make Payments
X
- Obtain Resolution of Necessity
X
- Perform Eminent Domain Proceedings
X
Provide Displacee Relocation Services
X
Prepare Relocation Payment Valuations
X
Provide Displacee Relocation Payments
X
Perform Property Management Activities
X
Perform R/W Clearance Activities
X
Prepare and Submit Certification of R/W
X
Review and Approve Certification of R/W
X
Transfer R/W to STATE
X
- Approve and Record Title Transfer
Documents
X
Prepare R/W Record Maps
X
4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES
Prepare and Submit Preliminary Stage
Construction Plans
23
EY.hibit "A"
Resolution No. 90-77
Page 40 of 42
X
L
District Agreement No. 12-056
RESPONSIBILITY
PROJECT ACTIVITY STATE CITY
Review Preliminary Stage Construction Plans X
Calculate and Plot Geometrics X
Cross-sections & Earthwork Quantities Calculation X
Prepare and Submit BEES Estimate X
Put Estimate in BEES X
Local Review of Preliminary Drainage Plans
and Sanitary Sewer and Adjustments Details X
Prepare & Submit Preliminary Drainage Plans X
Review Preliminary Drainage Plans X
Prepare Traffic Striping and Roadside
Delineation Plans and Submit for Review X
Review Traffic Striping and Roadside
Delineation Plans X
Prepare & Submit Landscaping and/or Erosion
Control Plans X
Review Landscaping and/or Erosion
Control Plans X
Prepare & Submit Preliminary Electrical Plans X
Review Preliminary Electrical plans X
Prepare & Submit Preliminary Signing Plans X
24
Exhibit "A"
Resolution No. 90-77
Page 41 of 42
381
Sr
5t
District Agreement No. 12-056
RESPONSIBILITY
PROJECT ACTIVITY STATE CITY
Review preliminary Signing Plans X
Quantity Calculations X
Safety Review X X
Prepare Specifications X
Prepare & Submit Checked Structure Plans X
Review & Approve Checked Structure Plans X
Prepare Final Contract Plans X
Prepare Lane Closure Requirements X
Review and Approve Lane Closure Requirements X
Prepare & Submit Striping Plan X
Review & Approve Striping Plan X
Prepare Final Estimate X
Prepare & Submit Draft PS&E X
Review Draft PS&E X
Finalize & Submit PS&E to District X
C\2
25
Exhibit "A"
Resolution No. 90-77
Page 42 of 42