HomeMy WebLinkAboutReso 98-030 - Approving Entering into Cooperative Agreement No. 02-0015 with CalTrans . �.. � �
RESO�iTTION NO. 98- 30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF REDDING APPROVING ENTERING INTO
COOPERATIVE AGREEMENT NO. 02-0015 WITH
CALTRANS.
BE IT RESOLVED that the City Council of the City of Redding approves entering into
Cooperative Agreement No. 02-0015 between the State of California, acting by and through its
Department of Transportation, and the City of Redding, a copy of which is attached and made a
part hereof. The agreement contemplates installing railroad preemption on Route 273 (California
Street) at the intersections of South Street and Placer Street, and installing traffic control signal
and safety lighting on Route 299 (Eureka Way) at the intersection of l lth Street, referred to as
the PROJECT.
BE IT FURTHER RESOLVED that the Mayor is authorized to sign the agreement on
behalf of the City, as well as any supplemental agreements required to finalize the Project
documents prior to contract award; and the City Clerk is directed to attest the Mayor's signatures
and impress the official seal of the City of Redding to the necessary documents.
I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted
at a regular meeting of the City Council on the17 t h day of M a r c h , 1998, by the following
vote:
AYES: COUNCILMEMBERS: Bob Anderson , David Kehoe and Ken Murray
NOES: COUNCIL MEMBERS: N o n e
ABSENT: COUNCIL MEMBERS: D a v i d M c G e o r g e
ABSTAIN: COUNCIL MEMBERS: N o n e
KEN URR Y, May r
Attest: Fornz Approved: �
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,
��� ' �� ����� � �
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Connie Strolfmavar, City rk' W. Leonard Winga e, City Attorney
3ha 273-R 16.4/O.� •
, Sha 2?3-R16.6/O.O
Sha 299-23.6/O.O
In 3hasta Connty ia Redding at
varions locations on Ronte 273
from Sonth Street to Placer Strcet
and on Ronte 299 at llth Street
(KP R26.4, R26.T, 38.0)
02365-339604
DistrictAgrcement Ho.02-0015
COOPERATIVE AGREEMENT
THIS AGREEMENT, EHTERED IATO OH , is between the STATE OF
CALIFORAIA, acting by and throngh its Department of Traasportatioa, referred to
herein as STATE, and
CITY OF REDDIHG,a body politic and mnnicipal corporatioa of the
State of Califoraia, referred to herein as CITY
RECITALS
1. STATE and CITY, pprsnant to Streets and Hig�ways Code Sections 114 and 130
are anthorIzed to enter into a Cooperative AgFeement for impmvements to
State highways�within CITY.
2. STATE and CITY oontemplate i*+�rA1_ 1�*+g railroad preemption on Ronte 273
(California Street� at the iatersections of Sonth Street and Plaoer Strcet and
in Att�.�s��c control signal aad safety lip;hting on Ronte 299 (Eareka Way)
at the intersect3oa of l lth Street referred to herein as "PROJECT", and desire
to specify the terms and ooaditions nnder which PROJECT is to be eng]ineered,
oonstrncted, flnanced, operated and maintained.
SECTIOA I
CITY AGREES•
1. To prav3de all necessary preliminary eng�tneering, indnding plans and specifica-
tions and ntility identit3cat3on and location, and all neoessary canstraction
ea�neeriag servioes for PROJECT and bear CITY's share of the actnal expease
thereof. Estimates of snch oosts are shown on Exh�it "A", attached aad made a
part of this Agreement.
2. To acqnire and furnish the necessary rights of waR if any, reqnired ontside of
the State highway rlght of way.
3. To oomply with the reqn3rements of 49 Code of Federal Regulations, Part 24
�vhen aoqniring rights of�va�c
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D�strict Agreemen�o.02-0015 .
- 4. To identify and locate all higli and low rlsk nndergronnd facllit3es svithin the
PROJE(.`T area aad to protect or otherwise provide for snch facllities, �Il ia
a000rdanoe�vith STATE's "Mannal on Hi�h and Low Risk IInderg�ronnd Fadlities
Within Hi�h�vav Ri�hts of Way". CITY hereby acknowledges receipt of STATE's
"Mannal on Hi�*h and Lo�v Risk Unde=�onnd Fadlities Within Hi��vav Ri�hts of
Wav".
5. To apply for neoessary encroachment permits for required �vork �vithin State
high�vay rights of way, in acoordance�vith STATE's standard permit procednres.
6. PROJECT will be advertised, awarded, and ad�r.i..i�ered in a000rdance
�vith STATE's Local Assistaace Prooednres Mannal. Approval of STATE's
,e Saancial participation by the Califoraia Tran_sportatioa Commissioa aad the
Federal Highway Administration shall be assnred prior to advertising.
7. To oonstract PROJE(.'T in a000rdance with plans and spec�fications of CITY to
the satisfactioa of and snbject to the approval of STATE.
8. To pay aa amonnt eqnal to 50 9'0 of the actnal PROJ'Ft.`T oonstraction oost, est3-
mated to be � 94,000, bnt in no event shall CITY's total obligati�on
for PROJE(,'T oosts nnder this Agreement,exdnding oosts referrcd to ia Seatioa
III, Artide 13, exoeed the amonnt of� 108,000, pmvlded that CITY, at its sole
discretion, in writing, anthorize a greater amonnt.
9. Qpon oompletion of PROJECT aad all work incidental thereto, to furnish STATE
�rith a detailed statement of the total engi.neering and oonstraction oosts to be
borne by STATE, indnding resolntion of any oonstrnc.tion related claims �vhich
have been allo�ved to`the oonstraction oontractor. CITY therestter shall refnnd
to STATE (promptlg a�er oompletion of CITY's final acoonnting of PROJECT
oosts� any amonnt of STATE's deposit reqnired in Sectioa II, Article (1)
remaining atter actnal oosts to be borne by STATE have been dedncted, or to
bill STATE for any additional amonnt reqnired to oomplete STATE's finandal
obligation pnrsnant to this Agr�ement, snbject to the limitations of STATE's
participation as stipnlated in said Section II, Article (1).
10. IIpon oompletion of PROJECT, to furnish STATE a oomplete set of fnll-sizcd,
film positive,'reprodncible as-bnilt plans.
11. To reimbnrse STA1`E for CITY's proportionate share of the oost of maintenance
of preemption, trafl`ic oontrol sigaal and safety lig�tiag, snch share to be an
amonnt eqnal to 50 °Yo of the total maintenance oosts, iadnding electrical
energy costs.
12. To retain or cause to be retained for andit by STATE or other government
anditors for a period of three (3� years firom date of fiasl paymeat, sll reoords
aad acconnts relating to constrnction of PROJECT.
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- Distrlct Agreement No.02-0015
SECTION II
STATE AGREES•
1. To deposit with CITY within 25 days of receipt of bilt� therefor (which
billing will be forwarded 15 days prior to CITY's bid advertising date of
oonstraction oontract for PROJECT), the amount of x136,300, which
represents STATE's estimated share of the expense of pre1�*�+nary engineeri.ng,
oonstruction engi.neering, and oonstruction oosts required to oomplete
PROJECT, as sho�vn on Exhibit "A". STATE's total obl�gation for said
anticipated PROJECT oosts under this Agceement shall not exoecd the amonnt
of �150,300, excluding oosts referred to in Section III, Artide �13) of this
Agreement.
2. STATE'S share of the oonstrnction oost (estimated to be � 94,000 j shall be an
amonnt eqnal to 50 9'0 of the total actual oonstruction oost, inclnding the oost
of oonstru�tion related claims and the oost of CITY defense of any of those
claims, as determined atter completion of �vork and upon final acoonnting of
costs.
4. STATE's share of the expense of oonstruction engineering shall be an amonnt
eqnal to 50 �o of CITY's actual oosts for oonstruction eng�neering for the entire
PROJECT.
5. To pay CITY npon oo`mpletion of all�vork and within t�venty (20) days of receipt
of a detailed statement made npon final acoounting of oosts therefor, any
amount over and above the aforesaid advance deposit reqnired to oomplete
STATE's financial obligation pursuant to this AgFeement, provided that STATE's
total obligation does not exoeed the amount as stipulated in Article (1) of this
Section II, exclnsive of utilities referred to in Section III, Article (14) of this
Agreement.
6. To maintai.n the entire railmad preemption, traffc oontrol signal aad safety
lighting as installed and pay an amonnt equal to 50 �o of the total maintenance
costs, inclnding electrical energy costs.
7. To operate the railmad preemption, traII`c oontrol sigpal as installed and pay
one hundred percent (1009�0) of the operation cost.
8. To furnish the traffc sigRal oontrol eqnipment for PROJECT. This eqnipment
shall o�nsist of signal oontroller nnit, signal oontrol cabinet, modem and
mic�o�vave detector. The estimated oost of thi.s STATE furnished eqnipment is
� 9,000 and the actusl oost to STATE shall be deducted from STATE's share of
PROJECT costs.
9. To issue, npon proper application by CITY and by CITY's oontractor, the
neoessary encroachment permits for required work within the State highway
right of wag
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Distrlct Agreement Fo.02-0015
10. To fnra�sh the neoessary rIght of way nnless otherovise pmvided for.
11. To certify to CITY that the rlght of�vay is ovrned by STATE or that STATE has
Right of Entry to do work prlor to issning aa encroachmeat permit to CITY.
12. To pnepare a "project Report" jnstifying the aeed for PROJECT, to prepare a11
neoessury environmental evalnation and dearaace docaments and to fnrni.4h
copies of these docameats to CITY in a timely manner.
13. To provide a State Project Coordinator to 000rdinate and promptly rc.wiew the
�vork of CITY and its oonsnitaats, if any, dnri.ng the preparation of PS&E for
PROJECT.
SECTION III
IT IS MIITUALLY AGREED:
1. All oblig�at3ons of STATE nnder the terms of thi.4 Ngrcement are snbject to the
appropriation of resonrces by the Legislature and the allocation of resonroes by
the California Transportation Commission.
2. All obligations of CITY nnder the terms of this Ag�+eement are snbjec� to the
appropriation of resonroes by the City Conncil snd the allocatioa of resonroes
by the City Manager.
3. Shonld CITY advertise a oontract for PROJECT prior to the allocati�oa of re-
sonrces by the�CaIifornia Traasportation Commission and prior to Federal
Hig►��vay Administration approval of a FAM76 Form for Federal partidpation
there �s no gnarantee of STATE's and/or Federal partidpation and CITY sha11
assnme all risks thereof.
4. Shonld aay portion of PROJECT be Snaaced �vith Federal fnnds or STATE gas
taa fnnds, all applicable laws, regulations and policies relating to the nsc of
snch fnnds shall apply not�vithstaading other provisions of this Agreement.
5. Constract3,oa by CITY of improvements referred to hereia which lie �vithin
STATE hig��vay rlghts of�vay or affeet STATE fadlities shall aot be aommeaoed
nntil CITY's orig�Ji�asl oontract plans iavolving snch work and plans for ntility
reLocations have been reviewed and approved by sigaatare of STATE's District
Director of Transportation, or the District Directo�s delegated agent, and nntil
aa encroachment permit to CITY anthorizing snch �vorlc has been issned by
STATE. Reoeipt by CITY of CITY's oontract plans signed by STATE shall
ooastitnte STATE's acceptance and officisl approval of said plaas.
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District Agreement Ho.02-0015
6. CITY shall obtain aforesaid encroachment permit throngh the offioe of State
District Permit Eng�neer and CITY's applicat3�oa shall be s000mpanied by $ve (51
sets of rednced oonstrnction plans of aforesaid STATE approved oontract plans.
Reoeipt by CITY of the appmved encroachment permit shall oonstitnte CITY
anthorizatioa 5rom STATE to pmoeed with work to be performed by CITY or
CITY represcatatives within pmposed STATE rig�t of way or wLich affects
STATE fac3lities, pnrsnant to �vork oovered by this Agreement. CITY's
anthorization to prooeed �vith said svork shall be oonti.ngent npon CITY's
oompliance �vith all pmvisions se�t forth in this Agr�ement and said
encroachment permit.
7. CITY's oonstrnction oontractor shall aL4o be reqnircd to obtain aa encroachment
permit from STATE pri�or to oommendng any �vorlc �vithin STATE rlghts of�vay
or�vhich affects STATE fadlities. The applicati�on by CITY's oontractor for said
encroacLment permit shall be made throng� the office of State Distrlct Permit
Eagineer aad shaIl indnde proof said oontractor has paymeat and pert'ormance
snrety bonds oovering constraction PROJECT.
8. CITY shall not advertise for bids to oonstruct PROJECT nntil s�er an en-
croachmeat permit has been issned to CITY by STATE, nor shall CITY a�vard a
oontact to oonstruct PROJECT nnt31 atter receipt of STATE's deposit required in
Section II, Article (1� of this Agreement.
9. Atter opening of bidsfor oonstraction of PROJECT, STATE's e4timate of oost�vill
be revised based on actnal bid prioes. STATE's reqnired deposit nnder Section II,
Artide (1� of this Agreement will be increased or decreased to match said
rev3sed estimate. If deposit increase or decrease is less thaa $1,000, no refand
or demand for additional deposit will be made nntil final acconating.
10. Af�er opening bids for oonstraction of PROJECT, and if bids indicate a oost
overran of no more than 15 �o of the estimate �vill occar, CITY may award the
oontract.
11. I� npon opening bids, it is fonnd that a oost overran exceeding 15 % of the
estimate �vill occar, CITY and STATE shall endesvor to agxee npon an alterna-
tive oonrse of ac�3on. If, after thiity (30� days, aa alternat3ve oon=se of ad3on is
not agx�eed npoa, this AgFeement shall be deemed to be terminated by mntnal
oonsent pnrsnant to Article (12) of this Section III.
12. Pri�or to a�vard of the oonstraction oontrac.t for PROJECT, STATE may terminate
thi4 Agrcement by written notice, provided that STATE pays CITY for all
PROJECT-related oosts incarred by CITY prior to termiaatioa, snch oosts ar�
not to exceed expenditnres of�37,60a
13. If termiaatioa of this Agreement is by mntasl agx+c.�ement, STATE will bear 50 9'0
aad CITY �vill bear 50 9'0 of all oosts incnrred prlor to termination, �vitDi total
oosts not to exceed �i7,60Q
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• District Agreement No.02-0015
14. If any existing public and/or private utility facilities oonflict �vith PROJECT
oonstruction or violate STATE's encroachment policy, CITY shall make all
necessary arrangements �vith the owners of such utilities for their protection,
rclocation or removal in acoordance �vith STATE policy and prooednre for those
ntilities located within the limits of�vork providing for the impmvement to the
State high�vay and in acoordance with CITY policy for those fadlities located
outside of the limits of work for the State hig�way. Total oosts of snch
protection, relocat3on or removal shall be in acoordance �vith STATE policy and
procedure. Any relocated or new facilities shall be oorrectly shown and
identified on the As-Built plans referred to in Section I, Artide (1 O) of this
Agreement.
15. Upon oompletion of all work nnder this Agreement, o�vnership and title to all
materiaLs, equipment and appurtenances installed �vill automatically be vested
in STATE and no further agreement will be necessary to tran.4fer o�vnership to
STATE
16. The oost of any engineering or maintenanoe referred to he=+ein in this
Agr�.-ement shall inclnde all direct and indirect oosts (functional and
administrative overhead assessment) attributable to such work, applied ia
accordance with STATE's stadard accounting procedures.
17. Hothing in the provisions of this A�rcement is intended to create duties or
obligations to or rights in tL.ird parties not parties to this Agreement or affect
the legal liability of gither party to the Agreement by imposing any standard of
care �vith respeat to the maintenance of State hig�ways different from the
standard of care inposed by 1a�v.
18. 11Teither STATE nor any of�ioer or employee thereof is respons�le for any
damage or liability occurring by reasons of anything done or omitted to be done
by CITY nnder or in oonnection svith any work, anthority or jnrisdict3on
delegated to CITY nnder this Agccement. It is nnderstood and agreed that,
pnrsnant to Government Code Section 895.4, CITY shall fully defend, indemnify
and save harmless the State of California, all officers and employees from all
cL-dms, suits or actions of every name, kind and description bronght for or on
acoonnt of injury (as defined in Goverament Code Sectioa 810.8) occarring by
reason of anything done or omitted to be done by CITY under or in oonnection
�vith any work, authority or jurisdiction delegated to CITY nnder thi.4
Agreement.
19. Neither CITY nor any ofTicer or employee thereof is responsible for any damage
or lisbility occurring by reason of anything done or omitted to be done by
STATE nnder or ia oonnection �vith any �vork, anthority or jnrisdiction
delegated to STATE nnder thi_4 Ag�reement. It is nnderstood and agn.�ed that,
pnrsnant to Government Code Section 895.4, STATE shall fully defend,
indemn.ify and save harmless CITY from all claims, suits or actions of every
name, kind and description broug�t for or on acoount of injnry (as defined in
Government Code Section 810.8) occurri.ng by reason of anything done or
omitted to be done by STATE under or in oonnection �vith any �vork, authority
or jnrlsdiction delegated to STATE nnder this Agreement.
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� Distrlct Agrreement Ao.02-0015
20. Ia the oonstraa;tion of said �vork, CITY�vill furnish a represeatative to pesform
the fnnctions of a Resideat Eng�neer and STATE may, at no oost to CITY,
faraish a represcntative, if it so desires, to ensnre oonformance of �vork to
STATE's standards. Said representat3ves of CITY and STATE �vill 000perate aad
oonsnit �vith each other, bnt all �vorlc �vithin STATE's rlght of �vay sha11 be
acoomplished to the satisfactioa of STATE's represeatative.
21. Those portions of this AgFe.-ement pe=taining to the oonstractioa of PROJECT
shall terminate npon oompletion and aooeptance of the oonstraction ooatract
for PROJE(,`T by CITY �vith ooncnrreaoe of STATE, or on December 31, 2004,
�vhichever is earlier ia t3me; ho�vever, the o�vnership, operation, maintenance,
liability, aad daims danses shall remain ia effect nntil terminated or modifled,
ia tvriting, by mntnal agreementi Shonld any oonstraction-related claim arising
ont of PROJECT be as.4crted agsinst CITY, STATE agrees to eattead the termiaa-
tion date of this Agreement and pmvide additi�onal fnnding as reqnired to oover
STATE's proporti�onate share of oosts or execate a snbscqnent Agreement to
oover those eventnalities.
STATE OF CALIFORHIA CITY OF REDDING
DEPARTMENT OF
TRANSPORTATIOA
JAMES W.van LOBEA SELS
Director of Transportatioa By:
, Mayor
BY� Attest-
District Dircctor City Clerk
Approved as to form and Approved as to form and
procednres: procednres:
,� � /� -
'-v/LtF����✓`��z�
Attorney Attorney ,�
Departmeat of Transportation City of Redding
Certifled as to fnnds: .2 0. zo �°y�,
9�.vd cv
�
Dist Resoarce Manager
Certified as to form and
procednres:
Headqnarters Acc�onnting
Admia�strator
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� District Agreemeat Ho.02-0015
EXHIBIT 'Y�"
(Estimate of Cost�
Description Total Est. City's State's
Cost Share Share
Constraction Cost � 188,000 � 94,000 � 94,000
(Railroad Preemption,
Trafflc Coatrol Signal
aad Safety Lighting�
Snbtotal � 188,000 � 94,000 � 94,000
Eagineering Cost
(Inclndes Overhead)
Preliminary Engineering � 3?,600 $ 18,800 $ 18,800
(20°Yo )
Coastraction �
Eag3neerlag � 4T,000 � 23,500 $ 23,500
( 25°Yo )
Snbtotal � 84,600 $ 42,300 $ 42,300
�!''�
TOTAL $ 272,600 $ 136,300 $ 136,300
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