Loading...
HomeMy WebLinkAbout60-087 RESOLUTION NO. 60-87 AUTHORIZING EXECUTION OF AGREEMENT NO. 965 WITH CALIFORNIA DEPARTMENT OF PUBLIC WORKS, DIVISION OF HIGHWAYS FOR IMPROVEMENT OF FOURTH STREET FROM FOURTH STREET OVERCROSSING STRUCTURE TO TUSTIN AVENUE WHEREAS, the State of California, Department of Public Works, Division of Highways, is planning the construction of the Newport Freeway, State Highway Route 43, and has offered to agree with the City to prepare appraisals, acquire right of ways, prepare plans and specifications and construct the Fourth Street improvement be- tween the Overcrossing Structure at Fourth Street and Tustin Avenue at the estimated costs for right of way of $10,880.00 and for construction of $20,000.00. NOW, THEREFORE, the City Council of the City of Santa Aha accepts and approves said agreement in the form submitted by the State and directs the Mayor to execute the same in behalf of the city of Santa Ana. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 2nd day of M~y , 1960. ATTEST: CLkR~ OF SHE COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, MARION SUTTNER, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Resolution was regularly introduced to said Council at its regular meeting held on the 2nd day of May .... , 1960, and was at said meeting regularly passed and adopted by the following vote, to-wit: AYES, COUNCILMEN: Royal E. Hubbard, Stanley C. Gould., Jr., Dale H. Heinly, Bob Brewer, A. A. H~ull NOES, COUNCIlmEN: None ABSENT, COUNCILMEN: None CLERK OF THE COUNCIL 1 2 4 5 7 10 11 12 15 16 17 18 20 21 24 ~8 29 VII-ORA-43-SA Agreement No. 965 ~GBEE~ENT ,$ EF FROM TO THIS AGREE~NT, made and entered into as of this 2nd day of .... r4a~ , · 1R60~ BY AND BETWEEN CITY OF SANTA ANA, a ~unicipal Corporation, hereinafter referred to as "CITY", AND STATE OF CALIFORNIA, Acting by and through its Department of Public Works, Division of Highways, hereinafter referred to as 1'STATE", WITNESSETH: WHEREAS, the State contemplates the construction of the Newport Freeway, State Highway Route 43 in Orange County on z ¢ § 6 7 8 9 10 11 12 15 14 15 16 17 18 19 2O 22 24 26 27 28 30 new alignment northerly fr~m vlenlty of the ~anta Arm lereeway, 3tare Route 2, to the Riverside Freeway, State Route 175; and WI~E~Fat~, on January 2~, 1956, the Board of Supervisors of the County of Orange by resolution declared its intention to open and improve Fourth Street on the westerly and easterly sides of the freeway in aecordanee with the Orange County Master Plan of Highways aa ~oon as same is practicable and the financing thereof is available$ and WMEP~EAS, the Galifornia Highway aommission's resolution dated ~ay 16, 1956, appreved eonneetions to the freeway at Fourth Street Extension and assigned the division of responsibility thereto; and W~S, the Freeway Agreement entered into between the County and the ~ate dated September 2~, 1958, requires that an interchange be eonstructed at Fourth Stree~ Extension; and WP~A3, the City has annexed the westerly portion of ~ourth Street Extension and has accepted the conditions as set forth by freeway agreement with the County of O~ange; and WI~S, the 0ity requests She ~tate to pe~fol-m the construction of Fourth Street Extension and Approaches from the structure to Tustin Avenue as on plan entitled, Exhibit "A~', attached hereto and by this referenee made a pars hereof; and WBEREAS, the City and State will derive a mutual benefit by the State per£orming the construction work at the ~ 2 - 1 5 6 7 8 9 10 11 12 13 15 16 17 18 19 RO R8 27 2. Assume cost of area to be acquired for freeway purposes, as shown outlined in red on ~chibit "B". Said cost shall be computed as tile percentage the land area required for the freeway is of the total land area acquired applied to the total cost of the parcel including land, improvements and danmge less salvage obtained from removal of improvements from parcel but including any cost incurred in demolishing improvement~ and clearing site. 3- Secure Policies of Title Insurance in favor of State in the amount of $3,000.00 on the parcel to be acquired as shown outlined in red and green on said Exhibit 'B~. 4. After title to Parcel A18~ vests in State, State shall convey to City by Director's Deed all right, title and interest in and to the property acquired on behalf of City. 5. The State agrees to prepare plans and specifi- cations, construct said street extensions and provide necessary inspection. II. In consideration of covenants assumed herein by State, City agrees: 1. Within sixty days following execution of this Agreement between the parties hereto~ to deposit with the State funds in the amount of ~n Thousand Eight Hundred and Eighty Dollars ($10,880.00) to cover City's estimated share of right of way costs. 2. Assume actual cost of area required for the extension of Fourth Street as shown outlined in green on said 1 $ 6 7 10 11 12 15 16 17 18 19 20 21 22 25 25 27 28 29 50 Exhibit "B". Said costs shall be computed as the percentage of the land area required for the extension of Fourth Street bears to the total land area acquired applied to the total cost of the parcel including land, improvemer~ and damages less salvage obtained from removal of Lmprovements from parcel but including any costs incurred in demolishing improvements and clearing the site. In addition to pay that portion of the overhead incurred by State for the acquisition of that property required by the City, including but not limited to legal ove~ead, expert witness fees, and indirect overhead charges, baaed on City's share of the cost of the right of way to the total cost of right of way. 3. Assume cost of the reconstruction or reloca- tion of any public utility facilities lying within the area required for said extension of Fourth Street, plus State engineer- ing costs pertaining thereto. 4. Assume cost of Policy of Title Insurance in favor of City, if desired. 5. If, upon completion of right of way acquisi- tion herein provided for, City's share is found to be larger than cash amount advanced by City, as provided for herein, City agrees to forward to State within sixty days following written notice the difference between cash amount advanced by City and if City's share of actual cost is less than cash amount advanced to State by City, the difference shall be returned to City by State. 6. To save the State harmless from any and all claims for compensation for alleged damages by reason of City's extension and reconstruction of Fourth Street in the manner pro- posed. 5- 2 ? 8 9 10 11 12 15 15 16 17 18 19 ~0 21 ~7 7. Agrees to pay the total cost of construction of the Fourth Street Extension and Approaches as shown on the plan entitled, Exhibit ~'A". The contract quantities for roadway and drainage set forth in Preliminary Estimate of Cost attached hereto and by reference made a part thereof are accepted aa final The unit costs will be based on contract prices. To the cost of contract quantities, there shall be added 5 percent contingency to cover unforeseen changes and 17 percent to cover preliminary engineering and construction engineering cost. Unforeseen change~ will be submitted to the City for approval before proceeding with work covered by contract change order~ 8. Prior to advertising the State's project and upon demand of the State, the City will deposit a sum not to exceed $20,000, to cover estimated construction cost. 9. Upon notification by the State of completion of the work on Fourth Street, the City will accept control and maintenance of superstructure of the bridge and street work on Fourth Street including bridge approaches. III. It is mutually understood and agreed between the parties hereto as follows: 1. That the estimated cost of right of way attached hereto, is a preliminary estimate only and that the appraised value, actual consideration~ and/or judgment award, overhead or condemnation costs may be more or less than the amount as shown attached hereto. It is understood and agreed that the aforesaid amounts as shown attached are not to be construed as a limitation on the obligations of City and/or State. -6- 1 5 4, 6 7 8 10 11 12 15 15 16 17 18 19 20 21 22 25 2t 25 26 27 28 29 50 2. City hereby consents to and approvea of any settlements made with owners and approved by State for the acqulaition of property mutually used by both State and City. 3. Within sixty (60) days after completion of the contract, the State will present the City with a statement showing She coat of the work determined as outlined under para- graph II(7) above. If such cost is less than the sum depoaited by the City, the balance will promptly be returned to the City. If, however, such costs exceed the sum depoaited by the City, the City will promptly on receipt of claim therefor pay the amount of said excess cost to the State. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by and through their respective officers thereunto duly authorized as of the day, month and year in Shim Agreement first above written. CITY OF SANTA ANA STATE OF CALIPORNIA, by and through its Department of Public Works, Division of Highways ...... Enginee -7