HomeMy WebLinkAboutReso 97-165 - Approving Entering into Cooperative Agreement No. 02-0014 with Caltrans for the Victor Ave overcrossing , � �
RESOLUTION NO. 97- /!0 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF REDDING APPROVING ENTERING INTO
COOPERATIVE AGREEMENT NO. 02-0014 WITH
CALTRANS FOR TI� VICTOR AVENUE OVERCROSSING.
BE IT RESOLVED that the City Council of the City of Redding approves entering into
Cooperative Agreement No. 02-0014 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 Victor Avenue with State Highway Route 44 ramp
terminals and the intersection of Victor Avenue and Mistletoe Lane, 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 the 16th day of september, 1997, by the following
vote:
AYES: COUNCIL MEMBERS: R. Anderson, Kehoe, McGeorge and Murray
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: P• Anderson
ABSTAIN: COUNCIL MEMBERS: None
����G�-
PATRICIA A. ANDERSON, Mayor
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Attest: Form Approved: �
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Connie Strohmayer, City er W. Leonard Winga�, ity Attorrcey C�
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� Victor Avenue Overcrossing
' Agreement No. 02-0014
Page 1 of 9
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON 1997, is between the
STATE OF CALIFORrtIA, acting by and through its Department of Transportation, refened
herein as STATE, and
CITY OF REDDING, a body politic 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 Victor Avenue with State Highway
Route 44 ramp terminals and the intersection of Victor Avenue/Mistletoe Lane, refened to herein
as "PROJECT" and desire to specify the terms and conditions under which PR07ECT 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. 02D544.
SECTION I
CITY AGREES:
(1) To provide all necessary preliminary engineering, including plans and
specifications and utility identification and location, and 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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Agreement No . 02-0014
Page 2 of 9 ,
( 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 F-iighway Rights
cf Way" . Costs of locating, identifying, protecting or otherwise
providing for sucti high and low risk facilities shall be distri-
buted 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 v�ithin Highway
Rights of Way" and agrees to construct trie PROJECT in accordance
with such Mar�ual .
( 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 PRGJECT will be advertised, awarded, and
administered in accordance with STATE ' s current Local Programs
Manual , Volume II .
( 5 ) To construct ttle PROJECT in accordance with plans and
specificati�ns of 7�IT`� to the satisfaction of and subject to the
approval of STATE .
( o ; To pay an amount equal to 65 . 2� of the PROJECT
construction costs , as shown on E:tihibit A, �ut in no event shall
CITY' s obligation ior PROJECT construction costs under this
Agreernent , e:�cluding costs referred tc in Section III , Article
( 12 ) , eyceed the amount of $269 , 173 ; provided that CITY may, at its
s�la discretion , in writing, authorize a greater amount .
( 7 ) L'pon completion of PRGJEC^ and all work incidental
theretc , to furnish STATE with a detaile�� sta�ement of the total
engineering and construction costs to be i�orne by STATE and to
refund to SiATE (promptly after completi�n of CIT`�' s audit ) any
amount of STATE ' s deposit required iri Se�tion Ii , Article { 1 )
remaining after actuai costs to be borne by STAiE have been
deducted or to bill STATE for any additionai amount required to
�:c;�uplete STATE ' s financiai obligaticn pursuant to this Agreement ,
subject to the iimitations of STATE ' s participation as stipuiated
in :�aid Section Iy , Article ( 1 } .
( 8 ) lipon compietion of PROJE�T , to �urnish STATE a
coc�p�eta set of full-sized film positive reproducibie As-Built
r^lans .
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Agreement No . p2-0014
Page 3 of 9 ,
( 9 ) To maintain the entire traffic control signals and
safety lig"ting as installed at Mistletoe Lane and Victor Avenue
and pay an amount equal to lOG� of the total maintenance costs ,
including electrical energy cost .
( lOj To reirnburse STATE for CITY' s proportionate share of
the cost of maintenance of said traffic control siqnal and safety
lighting as installed at Victor Avenue and the Route 44 ramp
intersections , such share to be an amount equal to 50 . 0$ of the
total rnaintenance costs , includir�g electrical energy costs .
( 11 ) 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 deposit with CITY within 30 days of receipt of
detailed billing therefore (which billing may be forwarded on or -
after July 1 , 199i ) the amount of $50 , 597 , which figure represents
STATE ' s estimated share of t�ao ( 2 ) months support ccst and one ( 1 )
month capital cost of preliminary engineering, cc�nstruction
engineering, and construction costs required to complete PROJECT ,
as shown on E�hibit A. STATE will continue the above advance
procedures monthly, based on substantiation of CITY' s costs
( i�iliings ) , until STATE ' s estimated expense of preliminary
engineerin��, construction engineering, and construction costs
required to complete PROJECT , as shown on Exhibit A are paid .
STATE ' s total obiigation for said anticipated project costs under
this Agreemant shall not exceed the amount of $143 , 072 , excluding
costs referred to in Section III , Article ( 12 } .
( 2 ) STATE ' s share of the construction cost (estimated to
be $124 , 932 ) shall be an amount equal to 34 . 8$ of the total actual
construction cost as determined after completion of work and upon
final accounting of costs .
( 3 } 7TATE ' s share of ttie expense of preliminary engineer-
ing shail be an amount equal to 34 . 8$ of the CIT�' s actual costs
�or preliminary engineering for the entire PRvJECT .
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Agreement No . 02-0014
Page � of 9
( 4 ) STATE ' s share of the expense of construction engineer-
iny shall be an amount equal to 34 . 8� of the CITY' s actual cost for
construction engineering for the entire project .
( 5 ) To pay CITY upon completion of all work and within 20
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 STATE ' s total obligation does not
exceed the amount as stipulated in Article ( 1 ) of this Section ZI ,
exclusive of utilities referred to in Section III , Article ( 12 ) .
( 6 ) To maintain the entire traffic control signal and
safety lighting as installed at Victor Avenue and the Route 44 ramp
intersections , and pay an amount equal to 50$ of the total mainte-
nance costs , including electrical energy costs .
( 7 ) To operate the traffic control signal 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 units
and signal control cabinets . The estimated cost of this STATE-
furnished equipment is $21 , 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
CIT`�' s contractor, the necessary encroachment permits for required
work within the State highway rights cf way .
( 10 ) To prepare a "Project Report" justifying the need for
PRGJECT, to prepare all necessarY environmental e�raluation and
clearance documents and to furnish copies o:: these docurnents to
CITY in a tirneiy manner .
( 11 ) To provide a State Project Cocrdinator to coordinate
and promptly review the work of CITY and its consultar�ts , if any,
during the preparation of PS&E for PROJECT .
SECTION III
�T IS MUTUALLY AGREED AS FOLLQWS :
( 1 ) All obligations of STATE undar the terms of this
Agreement are subject to the appropriation of resources by the
Legislature and the allocation of resources k�I the California
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' District 02
� Agreement No . 02-0p14
Page 5 of 9
Transportation Commission . Should CITY award a contract for
PROJECT prior to the allocation of resources by the California
Transportation Commiss�_on , 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,
regulations and policies relating to the use of such funds shall
apply notwithstanding other provisions of this Agreement .
( 3 ) That construction by CITY of improvements referred to
harairi which lie within STATE r�ghts of way or affect STATE
facilities , shall not ha commenred until CITY' s original contract
plans involving �uch work, have been reviewed and approved by
signature of STATE ' s District Director of District O2 , or his
delegated agent , �nd until an encroachment permit authorizing such
work has been issued by STATE therefor . Receipt by CITY of CITY' s
contract plans signed by STA.TE sha11 constitute STATE ' s acceptance
of and official approval af said plans .
� 4 ) That CITY will obtain the aforesaid encroachment
permit through the office of STATE ' s District 02 permit engineer
�nd that CITY' s application therefor shall be accompanied by
rapr�r�i,�.rlb�_A tracings of afor�said STATE approved contract plans .
RP(`PIDt thereafter by CITY of the approved encroachment permit
shall constitute CITY' s a�lthorization from STATE to proceed with
work whi.ch lies within �TATE r�_aht� of way or which affects STATE
facilities ; pursuant to wnrk rr;VerAd by this Agreement . CITY' s
�tlthnz-ization to proceed with said. work sha11; however , be
contingent upon CITY' s complianre with a11 provisions set forth i.n
said er.croachment permit .
f51 That CITY' s contractor will also be required to obtain
an encroachment permit from STATE prior to commencing any work
w?-!ich lies within STATE rights of way or which affects STATE
facilities . The application for said encroachment permit shall bA
made through the office of STATE ' s District Permit Engineer and the
permit shall be issued fre� of charge by STATE .
( 6 ) CITY shall n�t advertise for bids to construct PROJECT
until after an er_cro�chment perm.it has been issue� to CITY by
STATE .
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Agreement No . 02-0014
I Page 6 of 9
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( 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 $1 , 000 , no refund or demand for additional deposit will
be made until final accounting.
( 8 ) After opening bids for the PROJECT and if bids
indicate a cost overrun of no more than 15$ of the estimate will
occur, CITY may award the contract .
( 9 ) If , upon opening bids, it is found that a cost overrun
eYceeding 15$ of the estimate will occur, STATE and CITY 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
PRGJECT, STATE may terminate this Agreement by written notice,
provided that STATE pays CITY for all costs incurred by CITY prior
to CITY' s receipt oi said notice, such costs not to exceed
expenditures of $61 , 030 .
( 11 } If termination of this Agreement is by niutual agree-
mant , STATE will bear 34 . 8$ and CITY will bear 65 . 2$ of all costs
incurr2d prior to termination , with total costs not to exceed
$6� , 030 .
( 12j If existing public and/or private utilities conflict
with the construction of the PROJECT, STATE/CITY will make all
necessary arrangements with the owners of such utilities for tlieir
protection, relocation or removal . STATE/CITY will inspect the
protection , relocation or removal , which if there are costs of such
protection, relocation or removal which STATE and CITY must legally
pay , STATE and CITY will share in the cost of said protection,
relocation or removal , plus cost of engineering overhead and
i�lspection, in the amount of 34 . 8$ STATE and 65 . 2$ CITY. If any
Nrotection, relocation or removal of utilities is required, such
work shall be performed in accordance with STATE polics� and
�rocedure . STATE/CIT`� will pay its share at the time of finai
billing based on actual costs .
( 13 ) Upon completion of all work under this Agreement ,
��wr.arship and title to all signals , materials , equipment , and
apourt�nances installed within STATE' s right of way will automati-
cn11y be vested in the STATE, and all signals , materials , equipment
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Agreement No . 02-0014
Page 7 of 9
and appurtenances ins�ailed outside cf STATE ' s right of way will
automatically I�e vestea in the CITY, and no further agreement will
be necessary to transfer ownership as hereinabove stated.
( 14 ) The cost of any engineering or maintenance referred to
herein shall include ail direct and indirect costs ( functional } and
administrative overhead assessment ) attributable to such work,
applied in accordance with STATE ' 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 �.�ork, autnority or jurisdiction not delegated
to STATE under ttlis Agreement . It is also agreed that , pursuant to
Government Code Section 395 . � CITY shall fully indemnify and hold
STATE 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 CITY under or in connection with any work,
authority or jurisdiction not delegated to STATE under this
Agreement .
( 16 ) Neither CIT'� nor any officer or employee thereof shall
be responsible for any darr�age or liability occurring by reason of
anything done or omitteci to be done by STATE under or in connection
with any work, autilority or jurisdiction delegated to STATE under
this Agreement . It is also agread that , pursuant to Government
Code Section 395 . 4 , STATE �hall fully indemnify and hold CITY
i�armless from any liability imposed for injury (as defined by
Government Code Section cs10 . 3 ) occurr�ng by reason of anything done
or omitted to be done by STtiTE under or in connection with any
work, authority, or jurisdiction delegated to STATE under this
Agreement .
( 17 ) That , in `�he construction of said work, CITY will
iurr.ish a represantativ2 to perform �he functions of a resident
engineer, and STATE may, at no cost to CIT�, furnish a
representative, if it sc desire.s , arld that said representative and
resident engineer will cooperate and consult with each other, but
t'rie decisions of STATE ' s representative shall prevail on work
within STATE ' s right of wal .
( 18 } That those portions of this Agreement pertaining to
the construction of PRGJr.��T �hail terminate upon completion and
acceptance of the PROJECT coi7struction r_ontract by CITY or on
December 31, 1997 , whichever is aarlier in time; nowever, the
ownership , operation , and n��aintenance clauses shall remain in
a�iect until terminatea or modified in writing by mutual agreement .
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•� District Agreement No. 02-0014
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Page 8 of 9
STATE OF CALIFORr1IA 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:
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Attorney City Atto ey
Department of Transportation
Certified as to funds:
.�7•D�i�.�c�
District Resource Manager �/a,�,/g�
Certified as to procedure
Headquarters Accounting
Administrator
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. ' 02-Sha-44-R1 . 24
02351 - 293800
Victor Avenue OC
Agreement No . 02-0014
Page 9 of 9
EXHIBIT A
ESTIMATE OF COST
Description Total Est . City ' s State ' s
Cost Share Share
Construction Cost
Signals $359 , 000 $234 , 068 $124 , 932
Roadwork �_ 0 $ 0 $ 0
$359 , 000 $234 , 068 $124 , 932
Engineering Cost - Signals
Preliminary Engineering
17$ of Construction Cost $ 01 , 030 $ 39 , 791 $ 21 , 233
Construction Engineering
14° of Construction Cost � 50 , 000 $ 32 , 709 $ 17 , 490
Subtotal $111 , 290 $ 72 , 559 $ 38 , 729
Total $47G , 290 $30b , 627 $163 , 561
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