HomeMy WebLinkAboutReso 97-164 - Approving Entering into Cooperative Agreement No 02-0013 with Caltrans for Improvements on State Route 273 @ Wyndham Ln & Ellis St � � ! �
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RESOLUTION NO. 97- /!v
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF REDDING APPROVING ENTERING INTO
COOPERATIVE AGREEMENT NO. 02-0013 WITH
CALTRANS FOR IlVIPROVEMENTS ON STATE ROUTE 273
AT WYNDHAM LANE AND ELLIS STREET.
BE IT RESOLVED that the City Council of the City of Redding approves entering into
Cooperative Agreement No. 02-0013 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 traffic control signals and safety lighting and
performing roadwork at the intersections of Wyndham Lane and Ellis Street with State Highway
Route 273, 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 CERTIF'Y that the foregoing resolution was introduced, read and adopted
at a regular meeting of the City Council on the 16th day of september, 1997, by the following
vote:
AYES: COUNCIL MEMBERS: R. Anderson, Kehoe, McGeorge and Murray
NOES: COUNCIL MEMB�RS: None
ABSENT': COUNCILMEMBERS: P. Anderson
ABSTAIN: COUNCIL MEMBERS: None
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PATRICIA A. ANDERSON, Mayor 'J
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Attest: Form Approved: �
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Connie Stroh ayer, City er . Leonard Wingate,�Ci Attorney
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�351- 283700
� Route 273 at Wyndham Lane
and Ellis Street
Agreement No. 02-0013
Page 1 of 9
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON 1997, is between the
STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred
herein as STATE, and
CITY OF REDDING, a body po(itic and a municipal corporation of the State of
California, referred herein as CITY
RECITALS
(1) STATE AND CITY, contemplate installing traffic control signals and safety
lighting and performing roadwork at the intersections of Wyndham Lane and Ellis Street with
State Highway Route 273, referred to herein as "PROJECT" and desire to specify the terms and
conditions under which PROJECT is to be engineered, constructed, financed, operated and
maintained.
(2) If any work involving high/low risk underground facilities or subsurface
construction within said State Highway is needed, STATE requires that said work be
accomplished in accordance with STATE's"Manual on High and Low Risk Underground
Facilities Within Highway Rights of Way".
(3) This Agreement supersedes in its entirety Cooperative Agreement
No. 02D462.
SECTION I
CITY AGREES:
(1) To provide all necessary preliminary engineering, including plans and
specifications and utility identification and location, a.nd all necessary construction engineering
services for the PROJECT and to bear CITY's share of the expense thereof, as shown in Exhibit
A attached, and made a part of this Agreement.
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(2) To identify and locate all high and low risk under-
ground 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 described in Section
III, Article (12) . CITY hereby acknowledges the receipt of STATE ' s
"Manual on High and Low Risk Underground Facilities Within Highway
Rights of Way" and agrees to construct the PROJECT in accordance
with such Manual . ,
(3) To apply for necessary encroachment permits for
required work within State highway rights of way, in accordance
with STATE ' s standard permit procedures.
(4) That PROJECT will be advertised, awarded, and
administered in accordance with STATE's current Local Programs '
Manual, Volume II.
(5) To construct the PROJECT in accordance with plans
and specifications of CITY to the satisfaction of and subject to
the approval of STATE.
(6) To� pay an amount equal to 46. 7� of the PROJECT
construction costs as shown on Exhibit A, but in no event shall
CITY ' s obligation for PROJECT construction costs under this
Agreement, excluding costs referred to in Section III, Article
(12) , exceed the amount of $204, 378, provided that CITY may, at its
sole discretion, in writing, authorize a greater amount.
(7) Upon completion of PROJECT and all work incidental
thereto, to furnish STATE with a detailed statement of the total
engineering and construction 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 Section II, Article (1)
remaining after actual costs to be borne by STATE have been
deducted or to bill STATE for any additional amount required to
complete STATE 's financial obligation pursuant to this Agreement,
subject to the limitations of STATE ' s participation as stipulated
in said Section II, Article (1) .
(8) Upon completion of Project, to furnish STATE a
complete set of full-sized film positive reproducible As-Built
plans.
(9) To reimburse STATE for CITY ' s proportionate share of
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A ement No. 02-0013
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the cost of maintenance of said traffic control signal and safety
lighting, such share to be an amount equal to 42� of the total
maintenance costs, including electrical energy costs.
(10) To retain or cause to be retained for audit for
STATE or other government auditors for a period of three (3) years
from date of final payment, all records and accounts relating to
construction of the PROJECT.
SECTION II
STATE AGREES•
(1) To daposit with CITY within 30 days of receipt of
detailed billing therefore (which billing may be forwarded
immediately following CITY's bid advertising date of a construction
contract for PROJECT) the amount of $39, 335, which figure
represents STATE's estimated share of two (2) months support cost
and one (1) month capital cost of preliminary engineering,
construction engineering, and construction costs required to
� complete PROJECT, as shown on Exhibit A. STATE will continue the
above advance procedures monthly, based on substantiation of CITY's
costs (billings) , until STATE's estimated expense of preliminary
' engineering, construction engineering, and construction costs
required to complete PROJECT, as shown on Exhibit A are paid.
STATE's total obligation for said anticipated project costs under
this Agreement shall not exceed the amount of $301, 565 excluding
costs referred to in Section III, Article (12) .
(2) STATE's share af the construction cost (estimated to
be $203 , 280) shall be an amount equal to 53 . 4� of the total actual
construction cost as determined after completion of work and upon
final accounting of costs.
(3) STATE's share of the expense of preliminary
engineering shall be an amount equal to 53 . 4� of the CITY ' s actual
costs for preliminary engineering for the entire PROJECT.
(4) STATE' s share of the expense of construction
engineering shall be an amount equal to 53 .4� of the CITY' s actual
costs for construction engineering for the entire PROJECT.
� (5) To pay CITY upon completion of all work and within
45 days of receipt of a detailed statement made upon final
accounting of costs therefore, any amount over and above the
aforesaid advance deposit required to complete STATE 's financial
obligation pursuant to this Agreement, provided that ST'ATE ' s total
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�eement No. 02-0013
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obligation does not exceed the amount as stipulated in Article (1)
of this Section II, exclusive of utilities referred to in Section
III, Article (12) .
(6) To maintain the entire traffic control signal and
safety lighting as installed and pay an amount equal to 58� of the
total maintenance costs, including electrical energy costs.
(7) To operate the traffic control signals as installed
and pay 100� of the operation cost.
(8) To furnish the traffic signal control equipment for
PROJECT. This equipment shall consist of signal controller unit
and signal control cabinet. The estimated cost of this STATE-
furnished equipment is $14, 000 and the actual cost to STATE shall
be deducted from the STATE's share of the PROJECT costs.
(9) To issue, upon proper application by CITY and by
CITY contractor, the necessary encroachment permits for required
work within the STATE highway rights of way.
(l0) To prepare a "Project Report" justifying the need
� for PROJECT, to pre.pare all necessary environmental evaluation and
� clearance documents and to furnish copies of these documents to
CITY in a timely manner.
(11) To provide a State Project Coordinator to coordinate
and promptly review the work of CITY and its consultants, if any,
during the preparation of PS&E for PROJECT.
PROJECT III
IT IS MUTUALLY AGREED AS FOLLOWS:
(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.
(2) ' Should any portion of the PROJECT be financed with
Federal funds or STATE gas tax funds, all applicable laws, regula-
tions and policies relating to the use of such funds shall apply
notwithstanding other provisions of this Agreement.
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eement No. 02-0013
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(3) That construction by CITY of improvements referred
to herein which lie within STATE rights of way or affect STATE
facilities, shall not be commenced until CITY's original contract
plans involving such work, have been reviewed and approved by
signature of STATE' s District Director of District 2 , or his
delegated agent, and until an encroachment permit authorizing such
work has been issued by STATE therefor. Receipt by CITY of CITY ' s
contract plans signed by STATE shall constitute STATE's acceptance
of and official approval of said plans.
(4) That CITY will obtain the aforesaid encroachment
permit through the office of STATE's District 2 Permit Engineer
and that CITY ' s application therefor shall be accompanied by
reproducible tracings 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 which lies within STATE rights of way or which affects STATE
facilities, pursuant to work covered by this Agreement. Authori-
zation to proceed with said work shall, however, be contingent upon
CITY ' s compliance with all provisions set forth in said encroach-
ment permit .
(5) That CITY's contractor will also be required to
obtain an encroachment permit from STATE prior to commencing any
work which lies within STATE rights �of way or which affects STATE
facilities. The appli;.ation for said encroachment permit shall . be
made through the office of STATE's District Permit Engineer and the
permit shall be issued free of charge by STATE.
(6) �ITY 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 Section II,
Article (1) .
(7) After opening of bids, STATE' s estimate of cost will
be revised based on actual bid prices. STATE' s required deposit
under Section II, Article (1) above will be increased or decreased
to match said revised estimate. If deposit increase or decrease is
less than $1000, no refund or demand for additional deposit will be
made until final accounting.
(8) After opening bids for the Project and if bids
indicate a cost overrun of no more than 15� of the estimate will
occur, CITY may award the contract.
(9) If, upon opening bids, it is found that a cost
overrun exceeding 15� of the estimate will occur, STATE and CITY
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�eement No. 02-0013
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shall endeavor to agree upon an alternative course of action. If,
after 30 days, an alternative course of action is not agreed upon,
this Agreement shall be deemed to be terminated by mutual consent
pursuant to Article (11) of this Section III.
(10) Prior to award of the construction contract for the
PROJECT, STATE may terminate this Agreement by written notice,
provided that STATE pays CITY for all costs incurred by CITY prior
to CITY's receipt of said notice, such costs not to exceed
expenditures of $49, 530.
(11) If termination of this Agreement is by mutual
agreement, STATE will bear 53 . 4$ and CITY will bear 46.4� of all
costs incurred prior to termination, with total costs not to exceed
$49 , 530.
(12) If existing public and/or private utilities conflict
with the construction of the PROJECT, CITY will make all necessary
arrangements with the owners of such utilities for their
protection, relocation or removal, which if there are costs of such
protection, relocation or removal which STATE and CITY must legally
pay, STATE and CITY will share in the cost of said protection,
relocation or removal, plus cost of engineering overhead and
inspection, in the amount of 58$ STATE and 42� CITY. If any
protection, relocation or removal of utilities is required, such
� work shall be performed in accordance with STATE policy and
procedure. STATE will pay its share at the time of final billing
based on actual costs.
(13) Upon completion of all work under this Agreement,
ownership and title to all signals, materials, equipment and
appurtenances installed will automatically be vested in the STATE
and no further agreement will be necessary to transfer ownership to
the STATE.
(14) The cost of any engineering or maintenance referred
to herein shall include all direct and indirect costs (functional
and administrative overhead assessment) attributable to such work,
applied in accordance with ST-ATE's standard accounting procedures.
(15) Neither STATE nor any officer or employee thereof
shall be responsible for any 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 not delegated
to STATE under this Agreement. It is also agreed that, pursuant to
Government Code Section 895. 4 , CITY shall fully indemnify and hold
STATE harmless from any liability imposed for injury (as defined by
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' � A ement No. 02-0013
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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 not delegated to STATE under this
Agreement.
(16) Neither CITY nor any officer or employee thereof
shall be responsible for any 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 delegated to
STATE under this Agreement. It is also agreed that, pursuant to
Government Code Section 895. 4 , STATE shall fully indemnify and hold
CITY harmless from any liability imposed for injury (as defined by
Government Code Section 810. 8) occurring by reason of anything done
or omitted to be done by STATE under or in connection with any
work, authority, or jurisdiction delegated to STATE under .this
Agreement.
(17) That, in the construction of said work, CITY will •
furnish a representative to perform the functions of a Resident
Engineer, and STATE may, at no cost to CITY, furnish a
representative, if it so desires, and that said representative and
Resident Engineer will cooperate and consult with each other, but
the decisions of STATE' s representative shall prevail on work
within STATE's right of way.
(18) That those portions of this Agreement pertaining to
the construction of PROJECT shall terminate upon completion and
acceptance of the PROJECT construction contract by CITY or on
December 31, 1997 , whichever is earlier in time; however, the
ownership, operation and maintenance clauses shall remain in effect
until terminated or modified, in writing, by mutual agreement.
Should any construction-related claim arising out of this project
be asserted against CITY, STATE agrees to extend the termination
date of this Agreement and provide additional funding as required
to cover STATE' s proportionate 5hare of costs or execute a
subsequent agreement to cover those eventualities.
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District Agreement No. 02-0013
Page 8 of 9
STATE OF CALIFORI�IIA CITY OF REDDING
Department of Transportation
JAMES W. van LOBEN SELS By:
Director of Transportation Mayor
By: Attest:
District Director City Clerk
Approved as to form and procedure: Approved as to form:
�
Attorney City Atto ey
Department of Transportation
Certified as to funds:
�.�r� � , .
District Resource Manager �a�9�
Certified as to procedure
Headquarters Accounting
Administrator
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Agreement No. 02-0013
. Page 9 of 9
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EXHIBIT A
Estimate ot Cost
Total Est City� s state� s
Description Cost Share Share
Roadwork Cost $ 20,000 $ 0 $ 20, 000
Signals Cost 316, 000 132, 000 183 , 280
Street Lighting Cost 45, 000 45, 000 0
Subtotal $381, 000 $177,720 $203 , 280
Engineerinq Cost - Siqnals
Prelim Engr @ 13� of
Signal Const Cost $ 41, 080 $ 17, 254 $ 23 , 826
Const Engr @ 16$ of
Signal Const Cost 50, 560 21. 235 29 , 325
Subtotal $ 91, 640 $ 38 , 489 $ 53 , 151
Engineerinq Cost - Roadwork
Prelim Engr @ 13$ of
Roadwork Const Cost $ 2 , 600 $ 0 $ 2 , 600
Const Engr @ 16$ of
Roadwork Const Cost 3 , 200 0 3 , 200
Subtotal $ 5,800 $ 0 $ 5, 800
Enqineerinq Cost - Liahtinq
�Prelim Engr @ 13$ of
Street Lighting Cost $ 5, 850 $ 5, 850 $ 0
Const Engr @ 16$ of
Street Lighting Cost 7 , 200 7 , 200 0
Subtotal S 13 , 050 $ 13 , 050 $ 0
TOTAL (Incl Enqr Cost) $491,490 $229,259 $262,231
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