HomeMy WebLinkAbout1992-06-09 - AGENDA REPORTS - VALENCIA BLVD BOUQUET CYN PROJ (2)AGENDA REPORT
City Manager Approval
Item to be presented .b :
CONSENT CALENDAR Olff Anthony J. Nisicl
DATE: June 9, 1992
SUBJECT: MAGIC MOUNTAIN PARKWAY - VALENCIA BOULEVARD TO BOUQUET CANYON
ROAD (SR 126 PHASE 5) PROJECT 90-21
STATE/CITY DRAFT COOPERATIVE AGREEMENT NO. 4078
DEPARTMENT: Community Development
BACKGROUND
This subject project consists of the widening of Magic Mountain Parkway from
Valencia Boulevard to Bouquet Canyon Road and replacement of the bridge at the
Santa Clara River. Staff has been working with Caltrans to expedite the
construction of this project. Since the plans and specification are 95%
complete, Caltrans would like to advance this project to the California
Transportation Commission for a June 1992 approval, in order to comply with the
Governor's request to spur the economy.
The attached Agreement is a standard Caltrans Agreement. setting forth the City
and State's duties relating to construction and funding of the project. The
City is required to fund the design, right of way engineering, and contract
administration costs. The State will bear all costs of construction,
construction engineering, and right .of way acquisition. Staff has reviewed the
Agreement and, in general, is satisfied with its terms and condition. The City
Attorney's office has also reviewed and approved as to form this Agreement,
subject to incorporation of minor comments.
In order to meet the June 30th deadline, staff Recommends that the Council
approve the Agreement in concept, and authorize the Mayor to execute it once it
is finalized.
Approve the draft Cooperative Agreement No. 4078 and authorize the Mayor to
execute it once it is finalized.
ATTACHMENT
Draft Cooperative Agreement No. 4078
rm/654
APPROVED
Agenda Item:
7 -LA -126-7.9/8.4
Magic Mountain Parkway
Valencia Blvd. to
Bouquet Canyon Road
Phase 5
07231 - 116740
District Agreement No. 4078
ERATIVE AGREEMENT
This AGREEMENT entered into on , 19 istbetween
the STATE OF CALIFORNIA, acting by and through its Depart�uent of
Transportation, referred to herein as STATE, and
CITY OF SANTA CLARITA
a body politic and a municipal
corporation of the State of
California, referred to herein
as CITY
Agreement No. 4078
RECITALS
1. STATE and CITY, pursuant to Street's and Highways Code,
Section 130, are authorized to enter into a Cooperative Agreement
for improvements to State highways within CITY.
2. CITY desires to construct State highway improvements
consisting of replacing the Santa Clara River South Fork Bridge and
widening Magic Mountain Parkway between Valencia Boulevard and
Bouquet Canyon Road, referred to herein as PROJECT.
3. CI'iY is witii,ig to i'und uitc hundred (100) percent Of ali
preliminary and design engineering costs, except that cost of
STATE's oversight of design and right of way activities'` ' may be
borne by STATE.
4. STATE will bear all costs of construction, construction
engineering, and STATE's oversight of construction activities
undertaken by CITY.
5. 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.
6. STATE is agreeable to CITY's proposal to prepare the
Agreement No. 4078
contract documents and advertise, award and administer the
construction contract for PROJECT.
7.• This Agreement supersedes any prior Memorandum of
Understanding (MOU) relating to the PROJECT.
8. The parties hereto .desire to define herein the terms and
conditions under which said PROJECT will be developed, designed,
constructed, financed and maintained.
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, awarding and
administering the PROJECT construction contract.
2. To have detailed Plans, Specif icaticns, ' and Estimate
(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.
Agreement No. 4078
3. To permit STATE to monitor and participate in the
i
selection of personnel who will 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. 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, utilizing CITY staff.
Workers employed in the performance of work contracted for 13V 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.
Violatibns shall be reported. to the State Department of Industrial
Relations. The contract shall also include the current Federal
Disadvantaged Business Enterprise (DBE) requirements as contained
in Title 49 of CFR, Part 23.
5 Not to advertise a contract for PROJECT until STATE has
obtained Federal Highway Administration (FHWA) approval for Federal
Agreement No. 4078
reimbursement of all qualifying work.
6. To notify STATE, in writing, not less than 10 day prior -to
opening bids, and within 10 days thereafter to notify STATE of bid
results.
7. Not to award a contract for PROJECT until written approval
from STATE has been received.
8. To apply for necessary encroachment permits for required
work within STATE Highway right of way, in accordance with STA!kE's
standard permit procedures, as' more specifically def'ned. in
Articles (7), (8),' (9), (10), and (11) of Section III of this
agreement.
9. 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.
10. To construct the PROJECT in accordance with plans and
specifications prepared by CITY, to the satisfaction of and subject
to the approval of STATE.
Agreement No. 4078_
11. 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.
12. 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.
13. To use CITY forces to perform surveys. Such purveys
shall conform to the methods, procedures, and requirements of
STATE's Surveys!Manual. CITY's construction contract shall not
include construction surveys as a bid item.
14. Material testing. and. quality control shall conform to
the State Construction Manual and the State Manual of Test and be
performed by CITY forces, STATE, or 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, shall be performed by STATE at
no cost to CITY except as noted herein. CITY shall reimburse STATE
by deducting said costs from progress payments to CITY's contractor
for any additional travel expenses incurred by STATE for off-site
Agreement No. 4078
inspection and testing: performed by STATE which is more than 300
airline miles from both Sacramento and Los Angeles. Approval of
asphalt and concrete plants shall be by STATE, at STATE expense.
15. At STATE's expense, to furnisha 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. The Resident Engineer shall be a public
employee. If PROJECT plans and specifications were prepared by a
private design company, the Resident Engineer shall not be an
employee of that company. The Revidert Engineer shall also be
independent of the construction contractor.
16. The STATE representative shall have authority.to accept
or reject work and materials and approve all change orders related
to public safety or convenience and design or specification changes
for work within STATE's existing apd ultimate right of way. Such
approval shall be obtained in advance of performance of work.
17. At STATE's 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
Agreement No. 4078
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 PROJECT designer may check the shop drawings, do
soils foundation tests, test .construction materials, and do
construction surveys.
18. To make the progress. payments to the contractor. The
STATE representative shall review and approve all contract
progress pay schedules.
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19. -To submit, monthly, itemized progress payment schedules
and statements of costs for construction engineering with specific
details of all actual costs incurred during the period to assure
that the advance deposits to be made by STATE, pursuant to Article
(8) of Section II below, will not draw down below the $25,000
amount specified in said Article (8) of Section II.
20. Upon completion of PROJECT and all work incidental
thereto, to furnish STATE with a detailed final report of the total
actual engineering costs to be borne by STATE and to refund to
STATE (promptly after completion of CITY's audit) any amount of
STATE's deposit required in Article (8), Section II remaining after
actual costs to be borne by STATE have been deducted or to bill
0
Agreement No. 4078
STATE for any additional amount required to complete STATE's
financial obligation pursuant to this Agreement, subject to the
limitations of STATE' participation as stipulated in Article (9),
Section II of this Agreement.
21. To retain all books, documents, papers, accounting
records, and other evidence pertaining to costs incurred,, including
support data for cost proposals, and make such materials available
at the respective offices of CITY and its subcontractors at all
reasonable times during the contract period.
22. To retain or cause to be retained for audit for STATE or
t
other government auditors for a period of three (3) years f4m date
of FHWA payment of final voucher, or four (4) years from date of
final payment under the contract, whichever is longer, all records
and accounts relating to construction of PROJECT.
23. Within sixty (60) days following the completion and
acceptance of the PROJECT construction contract, to furnish STATE
a complete 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.
24. Upon completion of work under this Agreement, CITY will
assume maintenance and the expense thereof for any part of PROJECT
Agreement No. 4078
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.
25. If CITY terminatesPROJECT 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
FROJECT ir: satisfa^tory-permanent :operation o7ondition. STATE will
bill CITY for all 'actual expenses incurred and CITY agrees to pay
said expenses within thirty (30) days or STATE, acting thro`icjh the
State Controller, may withhold an equal .amount from future
apportionments due CITY from the Highway User Tax Fund. .
26. 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.
27. To not use funds from any Federal aid program for design
of PROJECT.
28. To .make written application to STATE for necessary
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Agreement No. 4078
encroachment permits authorizing entry onto STATE's right of way to
perform surveying and other investigative activities required for
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preparation of the PS&E..
29. To identify and locate all.high and low risk underground
facilities within the PROJECT area and protect or otherwise provide
for such facilities, all in accordance.with STATE's "Manual on High
and Low Risk Underground Facilities Within Highway Rights of Way".
Costs of locating, identifying, protecting or otherwise providing
for such
high and
low risk
facilities
shall be
distributed
and
borne'in
the same-
manner as-d2scr•ibed
2n
section
III, Article
19
CITY hereby acknowledges receipt of STATE'S Manual on High and
s
Low Risk Underground Facilities within Highway Rights of Flay and
agrees
to construct PROJECT in accordance with such Manual.
30. CITY as part of its PROJECT design responsibility, shall
identify and locate all utility facilities within.the PROJECT area.
All utility facilities not relocated or removed in advance of
construction shall be identified on the PROJECT plans and
specifications.
31. 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
Agreement No. 4078
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.
32. To relocate utility facilities within 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".
33. 10 comply with the terms and conditiulis of the Highway
Encroachment Permits, existing California Law, including Statutory
and Case Law, and all. existing property rights when dete\j�nining
liability for utility relocation costs.
34. To perform all right of way activities, including all
eminent domain activities, if necessary, 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 insure that the completed work is acceptable
for incorporation into the State Highway right of way.
35. 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
I' Agreement No. 4078
Procedural Handbook, Volume 9. whenever personnel other than
personnel of a qualified public agency are utilized, administration
of the personnel contract shall be performed by a qualified Right
of Way person employed or retained by CITY.
36. To certify legal and physical control of rights of way
ready for construction, and that all rights of way were acquired in
accordance with applicable State and Federal laws and regulations
subject to review and concurrence by STATE prior to the
advertisement for bids for construction of PROJECT.
37. To deliver to STATE legal title to the right of way;
including access rights, free and clear of all lids and
encumbrances detrimental to STATE's present and future uses not
later than the date of acceptance by STATE of maintenance and
operation of the highway facility. Acceptance of said title by
STATE is subject to a review of a Policy of Title Insurance in
STATE's name to be provided and paid for by CITY.
SECTION II
STATE AGREES•
1. To provide, pursuant to Article (2) of Section III,
Agreement No. 4078
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.
3. To issue, at no cost to CITY, upon written application, by
CITY, an encroachment permit authorizing entry onto STATE's right
of way to perform survey and jther investigative activities
required for preparation of the PR, ED and/or PS&E.
4. To fund one hundred percent (100%) funding of the actual
costs of right of way, construction, and construction engineering.
The right of way cost is estimated to be. The
construction cost is estimated to be
construction engineering cost is estimated to be
(14% of construction cost).
and the
5. 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, asmorespecifically defined in Articles (7), (8),
(9), (10), and (11) of Section III, of this Agreement.
Agreement No. 4078
6. 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.
7. Changes to project plans and specifications .shall be
facilitated through contract change orders approved by STATE's
representative without issuance of an Encroachment Permit Rider.
8. That, within 30 days prior to award of construction
contract for PROJECT, STATE will deposit with CITY the sum\:of
which figure represents the estimated in deposit
for one month estimated cost of construction and two
months estimated cost of construction engineering for
PROJECT. Thereafter, as construction proceeds, CITY will prepare
and submit to STATE, quarterly, itemized progress payment
schedules and statements of costs for construction and construction
engineering detailing actual payments made to contractor and actual
cost for construction engineering. As advance deposit is drawn
down to $25,.000; City will submit to STATE a Billing Invoice for
additional deposits representing the estimated construction and
construction engineering costs for the next quarter. STATE agrees
to make said deposits to CITY within 30 days of the receipt of each
Agreement No. 4078
Billing Invoice from CITY. Actual costs to be borne by STATE will
be determined by final accounting upon completion of CITY
construction contract.
9. STATE's total obligation for right of way cost,
construction cost and construction engineering cost under this
Agreement,' exclusive of claims, shall not exceed the amount of
and respectively, and will be
subject to audit verification as to all elements of costs and fees
charged. STATE may, at its sole discretion hereafter in writing,
authorise a greater amount--Actual.,cost xeimbursement,.diraet_and
indirect, shall be in conformance with procedures set forth in the
A.
Cost Principles and Procedures, Chapter 1, Part 31, CFR 48 1� -STATE
will reimburse actual project costs of CITY that are in accordance
with an approved cost allocation plan under Office of Management
and Budgets Circular A-87 and A-102. Any STATE funds remaining on
deposits with CITY for construction costs and work by CITY forces
shall be returned to STATE within 30 days after completion and
acceptance of construction of PROJECT by STATE.
10. To provide all necessary permits and approval for
construction of PROJECT, at no cost to CITY.
11. To provide any "STATE furnished material" as shown on the
plans for PROJECT and as provided in the Special Provisions for
1 r
M
PROJECT.
SECTION III
IT IS MUTUALLY AGREED:
Agreement No. 4078
1. All obligations of STATE under the terms of this Agreement
are subject ,to the appropriation of resources by the Legislature
and the allocation of resources by the California Transportation
Commission. Should CITY award a contract for PROJECT prior to the
allocation of resources by the California Transportation
Commission, there is no guarantee of.STATE's participation and CITY
shall assume all risks thereof. V
2. That STATE's review and coordination will be at no cost to
CITY.
J 3. -Neither STATE nor any officer or employee thereof is
responsible for any damage or liability occurring by reasons- of
anything 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
Agreement No. 4078
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.
4. 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 may in the future 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 0.strict
Director for District 7, or his designee,- and become a part of this
Agreement as a supplement to this Agreement after execution by the
respective officials of the parties.
5. Prior to award of a construction contract. for PROJECT,
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 bill CITY for all oversight
costs to date within thirty (30) days of written notice of
termination of Agreement and CITY will pay said amount within
thirty (30) days after receipt of such billing.
' Agreement No. 4078
6. All applicable procedures and policies relating to the
use of Federal funds or State gas tax funds shall apply not—
withstanding other provisions of this Agreement.
7. Construction by CITY of improvements referred to herein
which lie within STATE highway rights of wayor 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 Encroachmurrt, Permit -to 'C pry- a-uth6r'izing • such
work has been issued by STATE.
8. CITY will obtain the aforesaid Encroachment Permit through
the office of State District Permit. Engineer and CITY's application
shall be accompanied by twelve (12) sets of reduced
construction plans of aforesaid STATE approved contract plans.
Receipt thereafter by CITY of the approved Encroachment Permit
shall constitute CITY's authorization from STATE to proceed -with
work to be performed by CITY or CITY's representative 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.
Agreement No. 4078
9. 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.
10. 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•acgnired, that
same is ready for construction, and that all rights of way were
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acquired in accordance with applicable State and Federal l\aws and
regulations.
11. CITY shall not advertise for bids to construct PROJECT
until after an Encroachment Permit.has been issued to CITY by STATE
nor shall CITY award a contract to construct PROJECT until after
receipt of STATE's deposit required in Article (8), Section II of
this Agreement.
12. Construction bidders shall be required to provide a ten
percent proposal guarantee -security bond as specified in Section 2-
1.07 of STATE's current Standard Specifications.
13. If the lowest responsible bid. received by the CITY for
Agreement No. 4078
construction of PROJECT does not exceed the Engineer's Estimate by
more than 10 percent, the contract may be awarded by CITY. If,
however, upon receipt of. bids the Engineer's Estimate is exceeded
by more than 10 percent, STATE and CITY will endeavor to agree on
an appropriate course of action.
14. Any change requested by the parties hereto in the PROJECT
that may be necessary.or desirable prior to completion of the work
shall require the written approval of both STATE and CITY. The
cost of an approved change, if within the amount provided for
contingency items, may be taken from'the tund•rherefor provided.
If the cost of an approved change exceeds the amount provided for
in contingency items STATE will, upon receipt of claim th�iefor,
deposit with CITY its share of the estimated cost of such approved
change. Should either party not approve a cost increase change
requested by the other party, the requesting party may elect to
fund 100 percent of the cost therefor.
15 'City's construction contractor shall maintain in force,•
until completion and acceptanceoftheir 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 Specification.
Such policy shall contain an additional insured endorsement naming
STATE, its officers, agents and employees as additional insured.
Agreement No. 4078
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.
16. In the construction of said PROJECT, representatives of
CITY and STATE will cooperate and consult, and all work pursuant to
PROJECT shall be accomplished according to the approved plans,
specifications and applicable STATE standards. Satisfaction of
these requirements shall be verified by the STATE Representative,
and the decisions of the State Representative shall be final. The
STATE Representative is authorized to enter CI:TY's property during
construction for the purpose of ,monitoring and coordinating
construction activities. V
-17. Changes to PROJECT plans and specifications shall be
implemented by contract change orders reviewed and concurred with
by the STATE Representative., All changes affecting public safety
or public convenience, all design and specification changes, and
all major'changes as: defined in the STATE's Construction Manual
shall be approved by STATE in advance of performing the .work.
Unless otherwise directed by the STATE 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 (23) of this Agreement.
Agreement No. 4078
18. CITY shall provide a claims process acceptable to STATE,
and shall process any and all claims through CITY's claim .
process. The 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.
19. If any existing public and/or private utilities cpnflict
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 must legally pay;
STATE will bear the cost of said protection, relocatlpn, or
removal, plus cost of engineering overhead and protection. 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. CITY shall
require any utility company- performing relocation work in the
STATE'S right of way to obtain a STATE Encroachment Permit prior to
the performance of said relocation work. Any relocated or new
utilities shall be correctly shown and identified on the -As -Built
plans referred to in Article (23) above of this Section I.
Agreement No. 4078
20. 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 for the
protection of the traveling public from injury and damage from such
vehicles or equipment.
21. Upon completion and acceptance of the PROJECT
construction contract by CITY to the satisfaction of the State
Representative, STATE will accept control of and maintain, L at its
own cost and expense, those portions of PROJECT lying within
STATE's right of way. STATE will maintain, at STATE expense, the
Santa Clara River South Fork Bridge.
22. CITY will accept control.and maintain, at its -own cost
and expense, the portions of PROJECT lying outside the STATE's
right of way.
23. 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
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Agreement No_ 4078
which are installed will be owned by STATE. No further agreement
will be. necessary to transfer ownership -as hereinabove stated.
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24. 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.
25. STATE reserves the right to terminate this Agreement upon
written notice to CITY. As the time of termination, CITY will be
paid for acceptable work: accomplished and delivered in accordance
with the terms of this Agreement. All engineering documents
1,
prepared up to the time of termination shall become propleIrty of
STATE.
26. Except as otherwise provided in Article 5, Section III,
this Agreement shall terminate upon completion and acceptance of
the construction contract for PROJECT or on January 1, 1997,
whichever* is earlier in time; however, the ownership, operation,
maintenance and claims clauses shall' remain in effect unti-1
terminated or modified in writing by mutual agreement.
STATE OF CALIFORNIA CITY OF SANTA CLARITA
Department of Transportation
JAMES W. VAN LOBEN SELS
Director of Transportation By
By
JERRY B. BAXTER,
District Director
Approved as to Form and Procedure
Attorney, Department of
Transportation
Agreement No. 4078
Mayor
Attest:
:_City Clerk
Certified as to Funds and Procedure
District Accounting Administrator""
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Agreement No. 4078
7 -LA -126-7.9/8.4
Magic Mountain Parkway
Valencia Blvd. to Bouquet
Canyon Road
Phase 5
07231 - 116740
SCOPE OF WORK
This Scope of Work outlines the specific areas of responsibility
for various project development activities for the proposed project
to replace the Santa Clara River South Fork Bridge and widen Magic
Mountain Parkway between Valencia Boulevard and Bouquet Canyon
Road.
1. STATE has already obtained the necessary environmental
clearance and project approval for this project. If during the
preparation -of the PSSE; hew°'irdbination �is--,obtained which requires
the preparation of additional environmental studies and/or.
environmental re-evaluation, this Agreement will be amended to
include completion of these additional tasks by CITY.
2_ CITY and STATE concur that the proposal is a Category 4A
as defined in STATE's Project Development Procedures Manual.
3. STATE will review, monitor,. and approve all project
development reports, studies, and plans, and provide all necessary
implementation activities through advertising of the project.
4. All phases of the 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.
5. 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.
27
III
Agreement No: 4078
APPENDIX A: DESIGN PHASE ACTIVITIES
RESPONSIBILITY
PROJECT ACTIVITY STATE CITY
PRELIMINARY COORDINATION
Request 1 - Phase EA
X
Field Review of Site
X
X
Provide Geometrics
X
Approve Geometrics
X
obtain Surveys & Aerial Mapping
X
Obtain Copies of Assessor Maps
and Other R/W Maps
X
Obtain Copies of As-Builts
X
Send Approved Geometrics to Local Agencies
for Review
X
Revise Approved Geometric if required
X
Approve Final'Geometricr-
X
Determine Need for Permits from Other
Agencies
X
X
Request Permits s
a; X
Initial Hydraulics Discussion with
\"
District Staff
X
Initial Electrical Design Discussion with
District Staff
X
Initial Traffic & Signing Discussion with
District Staff
X
Initial Landscape Design Discussion with
District Staff
X
Plan Sheet Format Discussion
X
X
ENGINEERING STUDIES AND REPORTS
Prepare & Submit Materials Report and
Typical Section X
Review & Approve Materials Report and
Typical Section X
Prepare & Submit Landscaping Recommendation X
Review & Approve Landscaping Recommendation X
Prepare & Submit Hydraulic Design Studies X
Review & Approve Hydraulic Design Studies X
Prepare & Submit Bridge General Plan &
Structure Type Selection X
Review & Approve Bridge General Plan &
. Structure -Type X
3.
Agreement No. 4078
PROJECT ACTIVITY
R/W ACQUISITION & UTILITIES
Request Utility Verification
Request Preliminary Utility Relocation
Plans from Utilities
Prepare R/W Requirements
Prepare R/W and -Utility Relocation Cost
Estimates
Submit R/W Requirements & Utility Relocation
Plans for Review
Review and Comment on R/W Requirements
Longitudinal Encroachment Review
Longitndinal••Encrda-& mietct•PAppiication- to
District
Approve Longitudinal Encroachment Application
Request Final.Utility Relocation Plans
Check Utility Relocation Plans
Submit Utility Relocation Plans for Approval
Approve Utility Relocation Plans
Submit Final R/W Requirements for Review and
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
Acquire R/W
- Open Escrows and Make Payments
- Obtain Resolution of Necessity
- Perform Eminent Domain Proceedings
Provide Displaced Relocation Services
Prepare Relocation Payment Valuations
Provide Displaced Relocation Payments
Perform Property Management Activities
Perform R/W Clearance Activities
Prepare and Submit Certification of R/W
Review and Approve Certification of R/W
Transfer R/W to STATE
- Approve -and Record Title Transfer
29
RESPONSIBILITY
STATE CITY
X
X
X
X
X
X
X X
E�
X
X
X
X
X
KI
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
E�
X
X
X
X
X
KI
X
X
X
X
X
X
X
X
X
X
X
X
Documents
Prepare R/W Record. Maps
PROJECT ACTIVITY
Agreement No. 4078
X
X
RESPONSIBILITY
STATE CITY
4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES
Prepare and Submit Preliminary Stage
Construction Plans
x
Review Preliminary Stage Construction Plans
X
Calculate and Plot Geometric
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 Adjustment 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
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 & 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
30