HomeMy WebLinkAbout23A - SR55/MACARTHUR BLVD RAMP WIDENINGREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 2, 2010
TITLE:
CONTRACT AWARD FOR SR55/
MACARTHUR BOULEVARD RAMPS
WIDENING (PROJECT NO. 072503)
""2.,
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s` Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract to Peterson-Chase General Engineering Construction, Inc., the lowest
responsible bidder, in accordance with unit bid prices in the estimated amount of
$1,126,850.64 for construction of SR-55/MacArthur Boulevard Ramps Widening.
2. Approve a Funding Analysis with a total estimated construction cost of $1,577,000.
3. Direct the City Manager and Clerk of the Council to execute the attached Construction
Cooperative Agreement with Caltrans for the State Route 55/MacArthur Boulevard Ramps
Widening project.
DISCUSSION
This project includes widening eastbound MacArthur Boulevard from three to four lanes between
Hutton Centre Drive and the northbound State Route 55 on-ramp, and widening the southbound
and northbound State Route 55 on-ramps from one to two metered lanes (Exhibit 1). This is a
traffic mitigation measure for the MacArthur Place South development. The proposed
improvements to the ramps and roadway are necessary to provide additional capacity for the
increased traffic volume anticipated in project build-out year 2035. Once completed, these
improvements will improve traffic flow on MacArthur Boulevard.
Since this project includes work within Caltrans right-of-way, a construction cooperative agreement
between the City and Caltrans is required.
23A-1
Contract Award for
SR55/MacArthur Blvd.
Ramps Widening
August 2, 2010
Page 2
The Notice Inviting Bids was advertised on June 4 and 7, 2010, and bids were opened on July 8,
2010. A summary of the bid invitations mailed, the bids received, and the bid results follows.
Santa Ana Contractors receiving notices: 21
Contractors requesting bidding documents: 36
Bids received: 8
Bids received from Santa Ana Contractors: 1
NAME OF RESPONSIVE BIDDER CITY BID AMOUNT
1. Peterson-Chase General Engr. Constr., Inc. Irvine $1,126,850.64
2. Powell Contractors Fontana $1,294,997.40
3. All American Asphalt Corona $1,324,838.92
4. Beador Construction Company Corona $1,353,300.00
5. Excel Paving Company Long Beach $1,442,962.25
6. Highland Estimate Orange $1,664,764.55
7. Griffith Company Santa Fe Springs $2,004,487.91
A total of eight bids were received and all but one were responsive. Chumo Construction failed to
submit addendum number two that revises the contract bid items, thereby making their bid non-
responsive. The lowest bid was submitted by Peterson-Chase General Engineering Construction,
Inc., for $1,126,850.64, which is below the Engineer's estimate of $2,036,092.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended action is exempt
from further review. Categorical Exemption Environmental Review No. 2009-14 was filed for the
project.
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Contract Award for
SR55/MacArthur Blvd.
Ramps Widening
August 2, 2010
Page 3
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of $1,577,000 for the project
(Exhibit 2). Funds are available in the Measure M Regional Interchange Program Fund
(accounting unit 03217660-66220) and the Transportation System Improvement Area E Fund
(accounting unit 03417660-66220).
r'
Raul Godinez II'
Executive Directo
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
RGNVA
Exhibit 1: Project Location Map
2: Funding Analysis
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FUNDING ANALYSIS
PROJECT NO. 072503
SR55/MACARTHUR BLVD. RAMPS WIDENING
Construction Contract $1,126,850
Contract Administration $28,979
Inspection and Testing $90,000
Survey Staking $50,000
Contingencies $281,171
TOTAL ESTIMATED CONSTRUCTION COSTS $1,577,000
Exhibit 2
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12-ORA-55-6.8-6.9
EA: OH290
District Agreement 12-0624
COOPERATIVE AGREEMENT
This agreement, effective on , is between the State of
California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Santa Ana, a body politic and municipal corporation or chartered city of the State
of California, referred to as SANTA ANA.
RECITALS
CALTRANS and SANTA ANA, collectively referred to as PARTNERS, are authorized to
enter into a cooperative agreement for improvements within the SHS right of way per
Streets and Highways Code sections 114 and/or 130.
2. WORK completed under this agreement contributes toward the ramp improvement at
MacArthur Boulevard and State Route 55, referred to as PROJECT.
PARTNERS will cooperate to the construction of the project in which STATE will
provide IQA and CITY agreed to reimburse STATE for providing source inspection.
4. This agreement is separate from and does not modify or supersede prior Cooperative
Agreement No. 12-0568.
5. No PROJECT deliverables have been completed prior to this agreement.
6. The estimated date for COMPLETION OF WORK is June 29, 2012.
7. PARTNERS now define in this agreement the terms and conditions under which they will
accomplish WORK.
DEFINITIONS
CALTRANS STANDARDS - CALTRANS policies and procedures, including, but not limited
to, the guidance provided in the Guide to Capital Project Delivery Workplan Standards
(previously known as WBS Guide) available at
http://www.dot.ca.gov/hq/projmgmt/guidance.htm.
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CEQA - The California Environmental Quality Act (California Public Resources Code, sections
21000 et seq.) that requires State and local agencies to identify the significant environmental
impacts of their actions and to avoid or mitigate those significant impacts, if feasible.
COMPLETION OF WORK - All PARTNERS have met all scope, cost, and schedule
commitments included in this agreement and have signed a COOPERATIVE AGREEMENT
CLOSURE STATEMENT.
CONSTRUCTION - The project component that includes the activities involved in the
administration, acceptance, and final documentation of a construction contract for PROJECT.
COOPERATIVE AGREEMENT CLOSURE STATEMENT - A document signed by
PARTNERS that verifies the completion of all scope, cost, and schedule commitments included
in this agreement.
FHWA - Federal Highway Administration.
FHWA STANDARDS - FHWA regulations, policies and procedures, including, but not limited
to, the guidance provided at hqp://www.fbwa.dot.goy/programs.html.
FUNDING PARTNER - A partner who commits a defined dollar amount to WORK.
FUNDING SUMMARY - The table in which PARTNERS designate funding sources, types of
funds, and the project components in which the funds are to be spent. Funds listed on the
FUNDING SUMMARY are "not-to-exceed" amounts for each FUNDING PARTNER.
HM-1- Hazardous material (including, but not limited to, hazardous waste) that may require
removal and disposal pursuant to federal or state law whether it is disturbed by PROJECT or not.
HM-2 - Hazardous material (including, but not limited to, hazardous waste) that may require
removal and disposal pursuant to federal or state law only if disturbed by PROJECT.
HM MANAGEMENT ACTIVITIES - Management activities related to either HM-1 or HM-2
including, without limitation, any necessary manifest requirements and disposal facility
designations.
IMPLEMENTING AGENCY - The partner responsible for managing the scope, cost, and
schedule of a project component to ensure the completion of that component.
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IQA - Independent Quality Assurance - Ensuring that IMPLEMENTING AGENCY'S quality
assurance activities result in WORK being developed in accordance with the applicable
standards and within an established Quality Management Plan. IQA does not include any work
necessary to actually develop or deliver WORK or any validation by verifying or rechecking
work performed by another partner.
PARTNERS - The term that collectively references all of the signatory agencies to this
agreement. This term only describes the relationship between these agencies to work together to
achieve a mutually beneficial goal. It is not used in the traditional legal sense in which one
partner's individual actions legally bind the other partners.
PROJECT MANAGEMENT PLAN - A group of documents used to guide a project's
execution and control throughout the project's lifecycle.
RESIDENT ENGINEER - A civil engineer licensed in the State of California who is
responsible for construction contract administration activities. Said engineer shall be independent
of the design engineering company and the construction contractor.
SCOPE SUMMARY - The table in which PARTNERS designate their commitment to specific
scope activities within each project component as outlined by the Guide to Capital Project
Delivery Workplan Standards (previously known as WBS Guide) available at
http://www.dot.ca.gov/hq/projmgmt/guidance.htm.
SHS - State Highway System.
SPONSOR(S) - The partner that accepts the obligation to secure financial resources to fully
fund WORK. This includes any additional funds beyond those committed in this agreement
necessary to complete the full scope of WORK defined in this agreement or settle claims.
SFM (State Furnished Material) - Any materials or equipment supplied by CALTRANS
WORK - All scope and cost commitments included in this agreement.
RESPONSIBILITIES
8. SANTA ANA is SPONSOR for all WORK.
9. SANTA ANA is the only FUNDING PARTNER for this agreement. SANTA ANA's
funding commitment is defined in the FUNDING SUMMARY.
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10. SANTA ANA is the CEQA lead agency for PROJECT.
11. CALTRANS is the CEQA responsible agency for the PROJECT.
12. SANTA ANA is IMPLEMENTING AGENCY for CONSTRUCTION.
SCOPE
Scope: General
13. All WORK will be performed in accordance with federal and California laws, regulations,
and standards.
All WORK will be performed in accordance with FHWA STANDARDS and
CALTRANS STANDARDS.
14. IMPLEMENTING AGENCY for a project component will provide a Quality Management
Plan for that component as part of the PROJECT MANAGEMENT PLAN.
15. CALTRANS will provide IQA for the portions of WORK within existing and proposed
SHS right of way. CALTRANS retains the right to reject noncompliant WORK, protect
public safety, preserve property rights, and ensure that all WORK is in the best interest of
the SHS.
16. CALTRANS will provide Source Inspection Service.
17. SANTA ANA may provide IQA for the portions of WORK outside existing and proposed
SHS right of way.
18. PARTNERS may, at their own expense, have a representative observe any scope, cost, or
schedule commitments performed by another partner. Observation does not constitute
authority over those commitments.
19. Each partner will ensure that all of their personnel participating in WORK are
appropriately qualified to perform the tasks assigned to them.
20. PARTNERS will invite each other to participate in the selection and retention of any
consultants who participate in WORK.
21. PARTNERS will conform to sections 1720 - 1815 of the California Labor Code and all
applicable regulations and coverage determinations issued by the Director of Industrial
Relations if PROJECT work is done under contract (not completed by a partner's own
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employees) and is governed by the Labor Code's definition of a "public work" (section
1720(a)(1)).
PARTNERS will include wage requirements in all contracts for "public work" and will
require their contractors and consultants to include prevailing wage requirements in all
agreement-funded subcontracts for "public work".
22. IMPLEMENTING AGENCY for each project component included in this agreement will
be available to help resolve WORK-related problems generated by that component for the
entire duration of PROJECT.
23. CALTRANS will issue, upon proper application, at no cost, the encroachment permits
required for WORK within SHS right of way.
Contractors and/or agents, and utility owners will not perform WORK without an
encroachment permit issued in their name.
24. If unanticipated cultural, archaeological, paleontological, or other protected resources are
discovered during WORK, all work in that area will stop until a qualified professional can
evaluate the nature and significance of the discovery and a plan is approved for its removal
or protection. SANTA ANA will notify CALTRANS within twenty four (24) of any
discovery.
25. PARTNERS anticipate that environmental permits, approvals, and applicable agreements
are not needed for PROJECT. In the event that environmental permits, approvals, and
applicable agreements are needed for PROJECT, PARTNERS will amend this agreement
to include completion of those environmental permits, approvals, and applicable
agreements.
26. PARTNERS will hold all administrative draft and administrative final reports, studies,
materials, and documentation relied upon, produced, created, or utilized for PROJECT in
confidence to the extent permitted by law. Where applicable, the provisions of California
Government Code section 6254.5(e) will govern the disclosure of such documents in the
event that PARTNERS share said documents with each other.
PARTNERS will not distribute, release, or share said documents with anyone other than
employees, agents, and consultants who require access to complete WORK without the
written consent of the partner authorized to release them, unless required or authorized to
do so by law.
27. If any partner receives a public records request, pertaining to WORK under this
agreement, that partner will notify PARTNERS within five (5) working days of receipt and
make PARTNERS aware of any transferred public documents. PARTNERS will consult
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with each other prior to the release of any public documents related to the PROJECT and
provided by the other partner.
28. If HM-1 or HM-2 is found during WORK, IMPLEMENTING AGENCY for the project
component during which it is found will immediately notify PARTNERS.
29. CALTRANS, independent of PROJECT, is responsible for any HM-1 found within
existing SHS right of way. CALTRANS will undertake HM-1 MANAGEMENT
ACTIVITIES with minimum impact to PROJECT schedule.
30. SANTA ANA, independent of PROJECT, is responsible for any HM-1 found within the
Project limits outside existing SHS right of way. SANTA ANA will undertake or cause to
be undertaken HM-1 MANAGEMENT ACTIVITIES with minimum impacts to
PROJECT schedule.
31. If HM-2 is found within PROJECT limits, the public agency responsible for the
advertisement, award, and administration (AAA) of the PROJECT construction contract
will be responsible for HM-2 MANAGEMENT ACTIVITIES.
32. CALTRANS' acquisition or acceptance of title to any property on which any HM-I or
HM-2 is found will proceed in accordance with CALTRANS' policy on such acquisition.
33. PARTNERS will comply with all of the commitments and conditions set forth in the
environmental documentation, environmental permits, approvals, and applicable
agreements as those commitments and conditions apply to each partner's responsibilities
in this agreement.
34. IMPLEMENTING AGENCY for each project component will furnish PARTNERS with
only a final scope, cost, and schedule report for WORK completed in that component.
35. Upon COMPLETION OF WORK, ownership and title to all materials and equipment
constructed or installed as part of WORK within SHS right of way become the property of
CALTRANS.
36. IMPLEMENTING AGENCY for a project component will accept, reject, compromise,
settle, or litigate claims of any non-agreement parties hired to do WORK in that
component.
37. PARTNERS will confer on any claim that may affect WORK or PARTNERS' liability or
responsibility under this agreement in order to retain resolution possibilities for potential
future claims. No partner shall prejudice the rights of another partner until after
PARTNERS confer on claim.
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38. PARTNERS will maintain and make available to each other all WORK-related documents,
including financial data, during the term of this agreement and retain those records for four
(4) years from the date of termination or COMPLETION OF WORK, or three (3) years
from the date of final federal voucher, whichever is later.
39. PARTNERS have the right to audit each other in accordance with generally accepted
governmental audit standards.
CALTRANS, the State auditor, FHWA, and SANTA ANA will have access to all
WORK-related records of each partner for audit, examination, excerpt, or transaction.
The examination of any records will take place in the offices and locations where said
records are generated and/or stored and will be accomplished during reasonable hours of
operation.
The audited partner will review the preliminary audit, findings, and recommendations,
and provide written comments within 60 calendar days of receipt.
Any audit dispute not resolved by PARTNERS is subject to dispute resolution. Any costs
arising out of the dispute resolution process will be paid within 30 calendar days of the
final audit or dispute resolution findings.
40. PARTNERS consent to service of process by mailing copies by registered or certified
mail, postage prepaid. Such service becomes effective 30 calendar days after mailing.
However, nothing in this agreement affects PARTNERS' rights to serve process in any
other matter permitted by law.
41. PARTNERS will not incur costs beyond the funding commitments in this agreement. If
IMPLEMENTING AGENCY anticipates that funding for WORK will be insufficient to
complete WORK, SPONSOR(S) will seek out additional funds and PARTNERS will
amend this agreement.
42. If WORK stops for any reason, IMPLEMENTING AGENCY will place all facilities
impacted by WORK in a safe and operable condition acceptable to CALTRANS.
43. If WORK stops for any reason, PARTNERS are still obligated to implement all applicable
commitments and conditions included in the PROJECT environmental documentation,
permits, agreements, or approvals that are in effect at the time that WORK stops, as they
apply to each partner's responsibilities in this agreement, in order to keep PROJECT in
environmental compliance until WORK resumes.
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44. Each partner accepts responsibility to complete the activities that they selected on the
SCOPE SUMMARY. Activities marked with "N/A" on the SCOPE SUMMARY are not
included in the scope of this agreement.
Scope: CONSTRUCTION
45. SANTA ANA will advertise, open bids, award, and approve the construction contract in
accordance with the Public Contract Code and the California Labor Code.
SANTA ANA will not advertise the construction contract until CALTRANS completes
or accepts the final plans, specifications, and estimate package; CALTRANS approves
the Right of Way Certification; and FUNDING PARTNERS fully fund WORK.
By accepting responsibility to advertise and award the construction contract, SANTA
ANA also accepts responsibility to administer the construction contract.
46. SANTA ANA will provide a RESIDENT ENGINEER and construction support staff who
are independent of the design engineering company and construction contractor.
47. PARTNERS will implement changes to the construction contract through contract change
orders (CCOs). PARTNERS will review and concur on all CCOs over $50,000. All CCOs
affecting public safety or the preservation of property, all design and specification
changes, and all major changes as defined in the CALTRANS Construction Manual will
be approved by CALTRANS in advance of the CCO work to be performed.
48. If the lowest responsible construction contract bid (plus estimated contingencies,
supplemental costs and State Furnished Material costs) is equal to or less than the amount
shown on the FUNDING SUMMARY for CONSTRUCTION Capital, the
IMPLEMENTING AGENCY may award the contract. If the lowest responsible
construction contract bid is greater than the amount shown on the FUNDING SUMMARY
for CONSTRUCTION Capital, all PARTNERS must be involved in determining how to
proceed. If PARTNERS do not agree in writing on a course of action within 15 working
days, this agreement will terminate.
49. SANTA ANA will require the construction contractor to furnish payment and performance
bonds naming SANTA ANA as obligee and to carry liability insurance in accordance with
CALTRANS specifications.
50. SANTA ANA will submit a written request to CALTRANS for any SFM identified in the
PROJECT PS&E package a minimum of 45 days prior to the bid advertisement date for
PROJECT construction contract. SANTA ANA will submit a written request to
CALTRANS for any additional SFM deemed necessary during PROJECT construction.
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51. Upon receipt of both SFM and full payment of CALTRANS' invoice for estimated SFM
costs, CALTRANS will make the SFM available at a CALTRANS-designated location.
52. SANTA ANA will provide maintenance for those portions of the SHS within WORK
limits until COMPLETION OF WORK, after which, maintenance will be handled through
an existing maintenance agreement.
COST
Cost: General
53. SPONSOR(S) will secure funds for all WORK including any additional funds beyond the
FUNDING PARTNERS' existing commitments in this agreement. Any change to the
funding commitments outlined in this agreement requires an amendment to this agreement.
54. The cost of any awards, judgments, or settlements generated by WORK is a WORK cost.
55. CALTRANS, independent of PROJECT, will pay all costs for HM MANAGEMENT
ACTIVITIES related to HM-1 found within existing SHS right of way.
56. SANTA ANA, independent of PROJECT, will pay, or cause to be paid, all costs for HM
MANAGEMENT ACTIVITIES related to any HM-1 found within PROJECT limits and
outside of existing SHS right of way.
57. HM MANAGEMENT ACTIVITIES costs related to HM-2 are CONSTRUCTION
SUPPORT and CONSTRUCTION CAPITAL costs.
58. The cost of coordinating, obtaining, complying with, implementing, and if necessary
renewing and amending resource agency permits, agreements, and/or approvals is a
WORK cost.
59. The cost to comply with and implement the commitments set forth in the environmental
documentation is a WORK cost.
60. The cost to ensure that PROJECT remains in environmental compliance is a WORK cost.
61. The cost of any legal challenges to the CEQA environmental process or documentation is a
WORK cost.
62. Independent of WORK costs, CALTRANS will fund the cost of its own IQA for WORK
done within existing or proposed future SHS right of way.
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63. Independent of WORK costs, SANTA ANA will fund the cost of its own IQA for WORK
done outside existing or proposed future SHS right of way.
64. Fines, interest, or penalties levied against any partner will be paid, independent of WORK
costs, by the partner whose actions or lack of action caused the levy. That partner will
indemnify and defend all other partners.
65. The cost to place PROJECT right of way in a safe and operable condition and meet all
environmental commitments is a WORK cost.
66. Because IMPLEMENTING AGENCY is responsible for managing the scope, cost, and
schedule of a project component, if there are insufficient funds available in this agreement
to place the right of way in a safe and operable condition, the appropriate
IMPLEMENTING AGENCY accepts responsibility to fund these activities until such time
as PARTNERS amend this agreement.
That IMPLEMENTING AGENCY may request reimbursement for these costs during the
amendment process.
67. If there are insufficient funds in this agreement to implement applicable commitments and
conditions included in the PROJECT environmental documentation, permits, agreements,
and/or approvals that are in effect at a time that WORK stops, the partner implementing
the commitments or conditions accepts responsibility to fund these activities until such
time as PARTNERS amend this agreement.
That partner may request reimbursement for these costs during the amendment process.
68. PARTNERS will pay invoices within 30 calendar days of receipt of invoice.
69. FUNDING PARTNERS accept responsibility to provide the funds identified on the
FUNDING SUMMARY.
70. SPONSOR(S) accepts responsibility to ensure full funding for the identified scope of
work.
Cost: CONSTRUCTION Support
71. The cost to maintain the SHS within WORK limits is a WORK cost until COMPLETION
OF WORK, after which, the cost of maintenance will be handled through an existing
maintenance agreement.
72. Each PARTNER listed below may submit invoices for CONSTRUCTION Support:
• CALTRANS may invoice SANTA ANA
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73. PARTNERS will exchange funds for source inspection cost to be invoiced as estimated
cost payment.
CALTRANS will invoice SANTA ANA for a lump sum (single payment) of $5,000 30
working days prior to the construction contract bid advertisement date.
74. After PARTNERS agree that all Scope activities are complete, CATRANS will submit a
final accounting for all WORK costs. Based on the final accounting, PARTNERS will
refund or invoice as necessary in order to satisfy the obligation of this agreement.
Cost: CONSTRUCTION Capital
75. The cost of all STATE FURNISHED MATERIAL is a CONSTRUCTION capital cost.
PARTNERS will exchange funds for SFM cost to be invoiced as estimated cost payment.
CALTRANS will invoice SANTA ANA for the actual cost of any STATE-FURNISHED
MATERIAL.
76. After PARTNERS agree that all Scope activities are complete, CALTRANS will submit a
final accounting for all WORK costs. Based on the final accounting, PARTNERS will
refund or invoice as necessary in order to satisfy the obligation of this agreement.
SCHEDULE
77. PARTNERS will manage the schedule for WORK through the work plan included in the
PROJECT MANAGEMENT PLAN.
GENERAL CONDITIONS
78. This agreement will be understood in accordance with and governed by the Constitution
and laws of the State of California. This agreement will be enforceable in the State of
California. Any legal action arising from this agreement will be filed and maintained in the
Superior Court of Orange County.
79. CALTRANS invoices for support costs including all direct and applicable indirect costs.
Applicable indirect costs are determined by the type of funds being used to pay for
support. State and federal funds are subject the Program Functional Rate. Local funds
(Measure money, developer fees, special assessments, etc.) are subject to the Program
Functional Rate and the Administration Rate. CALTRANS establishes the Program
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Functional Rate and the Administration Rate annually according to State and Federal
regulations.
80. All obligations of CALTRANS under the terms of this agreement are subject to the
appropriation of resources by the Legislature, the State Budget Act authority, and the
allocation of funds by the California Transportation Commission.
81. Any PARTNER who performs IQA does so for its own benefit, further, that PARTNER
cannot be assigned liability due to its IQA activities.
82. Neither SANTA ANA nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by
CALTRANS under or in connection with any work, authority, or jurisdiction conferred
upon CALTRANS under this agreement.
It is understood and agreed that CALTRANS will fully defend, indemnify, and save
harmless SANTA ANA and all of its officers and employees from all claims, suits, or
actions of every name, kind, and description brought forth under, but not limited to,
tortious, contractual, inverse condemnation, or other theories or assertions of liability
occurring by reason of anything done or omitted to be done by CALTRANS under this
agreement.
83. Neither CALTRANS nor any officer or employee thereof is responsible for any injury,
damage, or liability occurring by reason of anything done or omitted to be done by
SANTA ANA under or in connection with any work, authority, or jurisdiction conferred
upon SANTA ANA under this agreement.
It is understood and agreed that SANTA ANA will fully defend, indemnify, and save
harmless CALTRANS and all of its officers and employees from all claims, suits, or
actions of every name, kind, and description brought forth under, but not limited to,
tortious, contractual, inverse condemnation, or other theories or assertions of liability
occurring by reason of anything done or omitted to be done by SANTA ANA under this
agreement.
84. This agreement is not intended to create a third party beneficiary or define duties,
obligations, or rights in parties not signatory to this agreement. This agreement is not
intended to affect the legal liability of PARTNERS by imposing any standard of care for
completing WORK different from the standards imposed by law.
85. PARTNERS will not assign or attempt to assign agreement obligations to parties not
signatory to this agreement.
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86. Any ambiguity contained in this agreement will not be interpreted against PARTNERS.
PARTNERS waive the provisions of California Civil Code section 1654.
87. A waiver of a partner's performance under this agreement will not constitute a continuous
waiver of any other provision. An amendment made to any article or section of this
agreement does not constitute an amendment to or negate all other articles or sections of
this agreement.
88. A delay or omission to exercise a right or power due to a default does not negate the use of
that right or power in the future when deemed necessary.
89. If any partner defaults in their agreement obligations, the non-defaulting partner(s) will
request in writing that the default be remedied within 30 calendar days. If the defaulting
partner fails to do so, the non-defaulting partner(s) may initiate dispute resolution.
90. PARTNERS will first attempt to resolve agreement disputes at the PROJECT team level.
If they cannot resolve the dispute themselves, the CALTRANS district director and the
executive officer of SANTA ANA will attempt to negotiate a resolution. If no resolution is
reached, PARTNERS' legal counsel will initiate mediation. PARTNERS agree to
participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTNERS from full and timely
performance of WORK in accordance with the terms of this agreement. However, if any
partner stops WORK, the other partner(s) may seek equitable relief to ensure that WORK
continues.
Except for equitable relief, no partner may file a civil complaint until after mediation, or
45 calendar days after filing the written mediation request, whichever occurs first.
Any civil complaints will be filed in the Superior Court of Orange County. The
prevailing partner will be entitled to an award of all costs, fees, and expenses, including
reasonable attorney fees as a result of litigating a dispute under this agreement or to
enforce the provisions of this article including equitable relief.
91. PARTNERS maintain the ability to pursue alternative or additional dispute remedies if a
previously selected remedy does not achieve resolution.
92. If any provisions in this agreement are deemed to be, or are in fact, illegal, inoperative, or
unenforceable, those provisions do not render any or all other agreement provisions
invalid, inoperative, or unenforceable, and those provisions will be automatically severed
from this agreement.
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93. This agreement is intended to be PARTNERS' final expression and supersedes all prior
oral understanding or writings pertaining to WORK.
94. If during performance of WORK additional activities or environmental documentation is
necessary to keep PROJECT in environmental compliance, PARTNERS will amend this
agreement to include completion of those additional tasks.
95. PARTNERS will execute a formal written amendment if there are any changes to the
commitments made in this agreement.
96. This agreement will terminate upon COMPLETION OF WORK or upon 30 calendar days'
written notification to terminate and acceptance between PARTNERS, whichever occurs
first.
However, all indemnification, document retention, audit, claims, environmental
commitment, legal challenge, and ownership articles will remain in effect until
terminated or modified in writing by mutual agreement.
97. The following documents are attached to, and made an express part of this agreement:
SCOPE SUMMARY, FUNDING SUMMARY.
98. Signatories may execute this agreement through individual signature pages provided that
each signature is an original. This agreement is not fully executed until all original
signatures are attached.
CONTACT INFORMATION
The information provided below indicates the primary contact data for each partner to this
agreement. PARTNERS will notify each other in writing of any personnel or location changes.
These changes do not require an amendment to this agreement.
The primary agreement contact person for CALTRANS is:
Bob Bazargan, Project Manager
3347 Michelson Dr., Ste #100
Irvine, California 92612
Office Phone: (949) 724-2100
The primary agreement contact person for SANTA ANA is:
Kenny Nguyen, Sr. Civil Engineer
20 Civic Center Plaza, M-36
Santa Ana, California 92701
Office Phone: (714) 647-5632
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District Agreement 12-0624
SIGNATURES
PARTNERS declare that:
1. Each partner is an authorized legal entity under California state law.
2. Each partner has the authority to enter into this agreement.
3. The people signing this agreement have the authority to do so on behalf of their public
agencies.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By:
CITY OF SANTA ANA
By:
JIM BEIL
Deputy District Director, Project Delivery
CERTIFIED AS TO FUNDS:
By
NEDA SABER
District Budget Manager
David N. Ream
City Manager
Attest:
Maria D. Huiza
City Clerk
APPROVED AS TO FORM AND PROCEDURE
By:
Laura Sheedy
Assistant Attorney
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District Agreement 12-0624
SCOPE SUMMARY
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5 270 Construction Engineering and General Contract
Administration X X
10 Construction Staking Package and Control X
15 Construction Stakes X
20 Construction Engineering Work X
25 Construction Contract Administration Work X
30 Contract Item Work Inspection X
35 Construction Material Sampling and Testing X X
05 Materials Sampling and Testing for Quality Assurance X
10 Plant Inspection for Quality Assurance X
15 Independent Assurance Sampling and Testing X
20 Source Inspection X
40 Safety and Maintenance Reviews X
45 Relief From Maintenance Process X
55 Final Inspection and Acceptance Recommendation X
60 Plant Establishment Administration X
65 Transportation Management Plan Implementation During
Construction
X
75 Resource Agency Permit Renewal and Extension
Requests
X
80 Long-Term Environmental Mitigation/Mitigation
Monitoring During Construction Contract
X
99 Other Construction Engineering and General Contract
Administration X
5
285
Contract Change Order Administration X
5 290 Resolve Contract Claims X
5 295 Accept Contract, Prepare Final Construction Estimate,
and Final Report
X
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