HomeMy WebLinkAboutReso 2020-005 - CalTrans Maintenance Agreement RESOLUTION NO.2020-005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING MAINTENANCE AGREEMENT NO 02-MTC-20-001 BETWEEN
THE CITY OF REDDING AND THE STATE OF CALIFORNIA,
DEPARTMENT OF TRANSPORTATION, AND AUTHORIZING THE MAYOR
TO EXECUTE THE AGREEMENT
WHEREAS, A Maintenance Agreement between the City of Redding (CITY) and the State of
California (STATE) wherein the PARTIES consent to certain adjustments of the state road
system required for the development of portion of STATE ROUTE 273 (SR 273) within the
jurisdictional limits of the CITY as ahighway; and
WHEREAS, Proposed adjustments to said highway are to be completed, and the PARTIES
hereto mutually desire to identify the maintenance responsibilities for improvements to bridge
structures and shoulder areas lying within those modified highway limits;and
WHEREAS, the degree or extent of maintenance work to be performed, and the standards
therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways
Code and the then current edition of the State Maintenance Manual; and
WHEREAS, pursuant to Section II of the Maintenance Agreement, CITY will maintain the
affected portions of SR 273;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Redding as
follows:
1. That the City Council of the City of Redding hereby approves Maintenance
Agreement 02-MTC-20-001 between the CITY and the STATE for the development
of that portion of STATE ROUTE 273 within the jurisdictional limits of the CITY.
2. That the Mayor of the City of Redding is hereby authorized and directed to sign all
necessary documents on behalf of the City of Redding, and the City Clerk is hereby
authorized and directed to attest the signature of the Mayor and to impress the official
seal of the City of Redding on the aforesaid Maintenance Agreement, when
appropriate.
3. That a true copy of said Maintenance Agreement is attached hereto and incorporated
herein by reference.
I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting
of the City Council of the City of Redding on the 21st day of January, 2020, and was duly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Dacquisto,Resner, Schreder,Winter, and McElvain
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ADAM McELVAIN, Mayor
ATTEST: FORM APPROVED:
PAMELA MIZE, City Gerrk BARRY E. eWALT, City Attorney
1-03-2020
Maintenance Agreement No. 02-MTC-20-001
BIKEWAY AND PEDSTRIAN TRAIL MAINTENANCE AGREEMENT
WITHIN STATE HIGHWAY RIGHT OF WAY
ON ROUTE 273 WITHIN THE CITY OF REDDING
THIS AGREEMENT is made effective this day of , 2020, by and between
the State of California, acting by and through the Department of Transportation, hereinafter
referred to as "STATE" and the CITY of Redding; hereinafter referred to as "CITY" and
collectively referred to as "PARTIES".
SECTION I
RECITALS
1. PARTIES desire to work together to allocate their respective obligations relative to newly
constructed or revised improvements within STATE's right of way by Cooperative
Agreement number 02-0175-dated June 10, 2019,
2. This Agreement addresses CITY responsibility for the lighting, chain link fencing, paved
trail, tubular handrailing and drainage system (collectively the "IMPROVEMENTS")
placed within State Highway right of way on State Route 273, as shown on Exhibit A,
attached to and made a part of this Agreement.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION II
AGREEMENT
1. In consideration of the mutual covenants and promises herein contained, CITY and STATE
agree as follows:
1.1. PARTIES have agreed to an allocation of maintenance responsibilities that includes,
but is not limited to, inspection, providing emergency repair, replacement, and
maintenance, (collectively hereinafter "MAINTAIN/MAINTENANCE") of
IMPROVEMENTS as shown on said Exhibit"A."
1.2. When a planned future improvement is constructed and/or a minor revision has been
effected with STATE's consent or initiation within the limits of the STATE's right of
way herein described which affects PARTIES' division of maintenance responsibility
as described herein, PARTIES will agree upon and execute a new dated and revised
Exhibit"A"which will be made apart hereof and will thereafter supersede the attached
original Exhibit "A" to thereafter become a part of this Agreement. The new exhibit
can be executed only upon written consent of the PARTIES hereto acting by and
through their authorized representatives.No formal amendment to this Agreement will
be required.
2. CITY agrees, at CITY expense,to do the following:
2.1. CITY may install, or contract, authorizing a licensed contractor with appropriate class
of license in the State of California, to install and thereafter will MAINTAIN
I
1-03-2020
Maintenance Agreement No. 02-MTC-20-001
IMPROVEMENTS conforming to those plans and specifications (PS&E) pre-
approved by STATE.
2.2. The degree or extent of maintenance work to be performed, and the standards
therefore, shall be in accordance with the provisions of Section 27 of the Streets and
Highways Code and the then current edition of the State Maintenance Manual.
2.3. CITY will submit the final form of the PS&E, prepared, stamped and signed by a
licensed engineer, for IMPROVEMENTS to STATE's District Permit Engineer for
review and approval and will obtain and have in place a valid necessary encroachment
permit prior to the start of any work within STATE'S right of way. All proposed
IMPROVEMENTS must meet STATE's applicable standards.
2.4. CITY shall ensure that IMPROVEMENT areas designated on Exhibit "A" are
provided with adequate scheduled routine MAINTENANCE , necessary to
MAINTAIN a neat and attractive appearance.
2.5. An Encroachment Permit rider may be required for any changes to the scope of work
allowed by this Agreement prior to the start of any work within STATE's right of way.
2.6. CITY contractors will be required to obtain an Encroachment Permit prior to the start
of any work within STATE's right of way.
2.7. To control weeds at a level acceptable to the STATE. Any weed control performed
by chemical weed sprays(herbicides)shall comply with all laws,rules,and regulations
established by the California Department of Food and Agriculture. All chemical spray
operations shall be reported quarterly (Form LA17) to the STATE to: District
Maintenance at 1657 Riverside Dr. MS 17, Redding.
2.8. To remove IMPROVEMENTS and appurtenances and restore STATE owned areas to
a safe and attractive condition acceptable to STATE in the event this Agreement is
terminated as set forth herein.
2.9. To furnish electricity and MAINTAIN lighting system and controls for all trail lighting
systems installed by and for CITY.
2.10. To inspect IMPROVEMENTS on a regular monthly or weekly basis to ensure the
safe operation and condition of the IMPROVEMENTS.
2.11. To expeditiously MAINTAIN, replace, repair or remove from service any
IMPROVEMENTS system component that has become unsafe or unsightly.
2.12. To MAINTAIN all sidewalks/bike paths within the Agreement limits of the STATE
highway right of way, as shown on Exhibit A, at CITY expense. MAINTENANCE
includes, but is not limited to, concrete repair, replacement and to grind or patch
vertical variations in elevation of sidewalks/bike paths for an acceptable walking and
riding surface, and the removal of dirt, debris, graffiti, stickers, weeds, and any
2
1-03-2020
Maintenance Agreement No. 02-MTC-20-001
deleterious item or material on or about sidewalks/bike paths ' or the
IMPROVEMENTS in an expeditious manner.
2.13. To MAINTAIN signs encompassed within the area of the IMPROVEMENTS.
2.14. To allow random inspection of IMPROVEMENTS, lighting systems,
sidewalks/bike paths and signs by a STATE representative.
2.15. To keep the entire area policed and free of litter and deleterious material as shown
on Exhibit"A".
2.16. All work by or on behalf of CITY will be done at no cost to STATE.
3. STATE agrees to do the following:
3.1. May provide CITY with timely written notice of unsatisfactory conditions that require
correction by the CITY. However, the non-receipt of notice does not excuse CITY
from maintenance responsibilities assumed under this Agreement.
3.2. Issue encroachment permits to CITY and CITY contractors at no cost to them.
4. LEGAL RELATIONS AND RESPONSIBILITIES:
4.1. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not party to this Agreement, or affect the legal
liability of either PARTY to this Agreement by imposing any standard of care
respecting the design, construction and maintenance of these STATE highway
improvements or CITY facilities different from the standard of care imposed by law.
4.2. If during the term of this Agreement, CITY should cease to MAINTAIN the
IMPROVEMENTS to the satisfaction of STATE as provided by this Agreement,
STATE may either undertake to perform that MAINTENANCE on behalf of CITY at
CITY's expense or direct CITY to remove or itself remove IMPROVEMETNS at
CITY's sole expense and restore STATE's right of way to its prior or a safe operable
condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days
of receipt of billing by STATE. However, prior to STATE performing any
MAINTENANCE or removing IMPROVEMENTS, STATE will provide written
notice to CITY to cure the default and CITY will have thirty (30) days within which
to affect that cure.
4.3. Neither CITY 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
STATE under or in connection with any work, authority or jurisdiction arising under
this Agreement. It is understood and agreed that STATE shall fully defend, indemnify
and save harmless CITY and all of its officers and employees from all claims, suits or
actions of every name, kind and description brought forth under, including, but not
3
1-03-2020
Maintenance Agreement No. 02-MTC-20-001
limited to,tortious, contractual, inverse condemnation and other theories or assertions
of liability occurring by reason of anything done or omitted to be done by STATE
under this Agreement with the exception of those actions of STATE necessary to cure
a noticed default on the part of CITY.
4.4. Neither STATE 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
CITY under or in connection with any work, authority or jurisdiction arising under
this Agreement. It is understood and agreed that CITY shall fully defend, indemnify
and save harmless STATE and all of its officers and employees from all claims, suits
or actions of every name, kind and description brought forth under, including,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 CITY under
this Agreement.
5. PREVAILING WAGES:
5.1. Labor Code Compliance-If the work performed on this Project is done under contract
and falls within the Labor Code section 1720(a)(1) definition of a "public work" in
that it is construction, alteration, demolition, installation, or repair; or maintenance
work under Labor Code section 1771. CITY must conform to the provisions of Labor
Code sections 1720 through 1815, and all applicable provisions of California Code of
Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to
include prevailing wage requirements in its contracts for public work.Work performed
by CITY'S own forces is exempt from the Labor Code's Prevailing Wage
requirements.
5.2. Requirements in Subcontracts-CITY shall require its contractors to include prevailing
wage requirements in all subcontracts funded by this Agreement when the work to be
performed by the subcontractor is a "public work" as defined in Labor Code Section
1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing
wage requirements set forth in CITY's contracts
6. INSURANCE—
6.1 SELF INSURED - CITY is self-insured. CITY agrees to deliver evidence of self-
insured coverage providing general liability insurance, coverage of bodily injury liability
and property damage liability, naming the STATE, its officers, agents and employees as
the additional insured in the amount of $1 million per occurrence and $2 million in
aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of
insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a
signed copy of this Agreement.
6.2 SELF-INSURED using Contractor — If the work performed on this project is done
under contract CITY shall require it's contractors to maintain in force, during the term of
this agreement, a policy of general liability insurance, including coverage of bodily injury
liability and property damage liability, naming the STATE, it's officers, agents and
4
1-03-2020
Maintenance Agreement No. 02-MTC-20-001
employees as the additional insured in the amount of $1 million per occurrence and $2
million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate
of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with
a signed copy of this Agreement.
7. TERMINATION - This Agreement may be terminated by timely mutual written consent
by PARTIES, and CITY's failure to comply with the provisions of this Agreement may be
grounds for a Notice of Termination by STATE.
8. TERM OF AGREEMENT-This Agreement shall become effective on the date first shown
on its face sheet and shall remain in full force and effect until amended or terminated at
any time upon mutual consent of the PARTIES or until terminated by STATE for cause.
PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this
Agreement and have delegated to the undersigned the authority to execute this Agreement on
behalf of the respective agencies and covenants to have followed all the necessary legal
requirements to validly execute this Agreement.
IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year
first above written.
THE CITY OF REDDING STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: Toks Omishakin
Mayor/Chairmen Director of Transportation
Initiated and Approved
By: By:
City Manager Deputy District Director
Maintenance District
ATTEST:
By:
City Clerk
By:
City Attorney
5
— --
° �o r
8 •
N p. • 0 Q
0 i $ C)m 1*1
ii '• i m Z
a
m z m c 0:3
n
La
7 C]
c
:IJ �" z
CD m
a n J
a 0
N ii a m
\I 7
t N
1 �
Z II II m
I
II
0
m
N W I I----
I� 1
Ry II it
I I
it II
II I
CD t
e
00
0
�'o c
0
a aa
j 4 n i
CL{ o
00 5x
(D
o a
1
a --
Dt C;a it — - -- '� m 1.1 uu
w ..
g 77'
Coo),
me
y _ -.__. ....
mem
a-�Oo
AA
Z am Nis
r
r
I
tt•+e-ro°" �°;i a:i�'re-1010