HomeMy WebLinkAboutReso 96-118 - Approve entering into cooperative agreement no 02365-277814 with CalTrans for Const of Signalization or SR299 @ the intersection of Buena Ventura Blvd s ' • •
RESOLUTION NO. 96- /!
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING APPROVING ENTERING INTO COOPERATIVE
AGREEMENT NO. 02365-277814 WITH CALTRANS FOR THE
CONSTRUCTION OF SIGNALIZATION ON SR299 AT THE
INTERSECTION OF BUENAVENTURA BOULEVARD.
IT IS HEREBY RESOLVED that the City Council of the City of Redding approves entering into
Cooperative Agreement No. 02365-277814 between the State of California, acting by and through its
Department of Transportation, and the City of Redding, a true copy of which is attached hereto and made
a part hereof.
BE IT FURTHER RESOLVED that the Mayor is authorized to sign said 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 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 4 rh day of June , 1996, by the following vote:
AYES• COUNCIL MEMBERS' P� Anderson, R. Anderson, Kehoe, Murray and McGeorge
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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DAVID . cGEO , M or
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Attest: Form Approved: �
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Connie Stroh ayer, City k � W. eonard Wingate, ty Attorney
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02-Sha-299 22.1/23.0 KP
In Shasta County in Redding from
0.3 KM East of Wildwood Lane to
0.3 KM West of Walnut Avenue
(Portions)
Install Signal and Lighting
District Agreement No. 02-0001
02365-277814
COOPERATIVE AGREEMENT
This AGREEMENT, entered into on , is between the STATE OF
CALIFORNIA, acting by and through its Department of Transportation, referred to herein
as STATE, and
CITY OF REDDING, a body politic and a municipal corporation of the
State of California, referred to herein as CITY
RECITALS
STATE and CITY contemplate installing a traffic control signal and safety lighting and
perform roadwork on Route 299 at the intersection of Buenaventura Boulevard, referred
to herein as "PROJECT", and desire to specify the terms and conditions under which
PROJECT is to be engineered, constructed, financed, and maintained.
SECTION I
STATE AGREES:
1. To provide all necessary preliminary engineering, including plans and
specifications and utility identification and location, and all necessary construction
engineering services for PROJECT and bear STATE's share of the actual expense
thereof. Estimates of such costs are shown on Exhibit A, attached and made a part
of this Agreement.
2. To construct PROJECT by contract in accordance with plans of specifications of
STATE.
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District Agreement No. 02-0001
3. To pay an amount equal to 50% of the actual signal and lighting related
construction cost and STATE's share of the actual roadwork construction cost,
estimated to be $239,500. In no event shall STATE's total obligation for
construction cost under this Agreement, excluding costs referred to in Section III,
Article (9), exceed the amount of$275,400 provided that STATE may, at its sole
discretion, in writing, authorize a greater amount.
4. Upon completion of PROJECT and all work incidental thereto, to furnish CITY
with a detailed statement of the portion of the engineering and construction costs
to be borne by CITY, including resolution of any construction related claims which
have been allowed to the construction contractor. STATE thereafter shall refund
to CITY promptly after completion of STATE's audit, any amount of CITY's
deposit required in Section II, Article (1) remaining after actual cost to be borne by
CITY have been deducted, or to bill CITY for any additional amount required to
complete CITY's financial obligations pursuant to this Agreement.
5. To maintain the entire traffic control signal and safety lighting as installed and pay
an amount equal to 50% of the total maintenance costs, including electrical energy
costs.
6. To operate the traffic control signal as installed and pay one hundred percent
(100%) of the operation cost.
7. To furnish the traffic signal control equipment for PROJECT. This equipment
shall consist of signal controller unit, modems, and signal control cabinet. The
estimated cost of this STATE-furnished equipment is $8,000, and the actual cost
to STATE shall be deducted from STATE's share of the PROJECT cost.
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District Agreement NO. 02-0001
SECTION II
CITY AGREES:
1. To deposit with STATE within 25 days of receipt of billing therefor(which billing
will be forwarded 15 days prior to STATE's bid advertising date of a construction
contract for PROJECT), the amount of$186,400, which figure represents
CITY's estimated share of the expense of preliminary engineering, construction
engineering, and construction costs required to complete PROJECT, as shown on
Exhibit A. CITY's total obligation for said anticipated PROJECT costs, exclusive
of claims and excluding cost referred to in Section III, Article (9) of this �.
Agreement, shall not exceed the amount of$214,400, provided that CITY may, at
its sole discretion, in writing, authorize a greater amount.
2. CITY's share of the construction cost (estimated to be $152,800) shall be an
amount equal to 50% of the total actual signal and lighting related construction
costs plus CITY's share of the actual roadwork construction costs, including the
cost of construction-related claims, the cost of STATE defense of any of those
claims and the cost of STATE-furnished material, if any, as determined after
completion of work and upon final accounting of costs.
3. CITY's share of the expense of preliminary engineering shall be an amount equal
to 39% of STATE's actual costs for preliminary engineering for the entire
PROJECT.
4. CITY's share of the expense of construction engineering shall be an amount equal
to 39% of STATE's actuai costs of construction engineering for the entire
PROJECT. �
5. To pay STATE upon completion of all work and within twenty (20) days of
receipt of a detailed statement made upon final accounting of costs therefor, any
amount over and above the aforesaid advance deposit required to complete
CITY's financial obligation pursuant to this Agreement.
6. To reimburse STATE for CITY's proportionate share of the cost of maintenance
of traffic control signal and safety lighting, such share to be an amount equal to
50% of the total maintenance costs, including electricai energy costs.
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District Agreement NO. 02-0001
SECTION III
IT IS MUTUALLY AGREED:
l. 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.
2. All obligations of CITY under the terms of this Agreement are subject to the
appropriation of resources by the City Council, and the allocation of resources by
the Regional Transportation Planning Agency.
3. STATE shall not award a contract to construct PROJECT until after receipt of
CITY's deposit required in Section II, Article (1) of this Agreement.
4. Should any portion of 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.
5. After opening of bids for construction of PROJECT, CITY's estimate of cost will
be revised based on actual bid prices. CITY's required deposit under Section II,
Article (1) 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.
6. After opening bids for construction of PROJECT, and if bids indicate a cost
overrun of no more than 15% of the estimate will occur, STATE may award the
contract.
7. If, upon opening of bids, it is found that a cost overrun exceeding 15% of the
estimate will occur, STATE and CITY shall endeavor to agree upon an alternative
course of action. If, after twenty-five (25) days, an alternative course of action is
not agreed upon, this Agreement shall be deemed to be terminated by mutual
consent pursuant to Article (8) of this Section III.
8. Prior to award of the construction contract for PROJECT, CITY may terminate
this Agreement by written notice, provided CITY pays STATE for all PROJECT
related costs incurred by STATE prior to termination.
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District Agreement No. 02-0001
9. If termination of this Agreement is by mutual consent, STATE will bear 61%
and CITY will bear 39% of all PROJECT related costs incurred by STATE prior
to termination, except that any utility relocation costs shall be prorated in
accordance with STATE's/CITY's responsibility for utility relocation costs.
10. If e�sting public and/or private utility facilities conflict with PROJECT
construction or violate STATE's encroachment policy, STATE shall make all
necessary arrangements with the owners of such facilities for their protection,
relocation or removal. STATE shall inspect the protection, relocation or removal.
If there are costs of such protection, relocation or removal which STATE and
CITY must legally pay, STATE and CITY shall share in the cost of said
protection, relocation or removal, plus cost of engineering overhead and
inspection, in the amount of 61% STATE and 39% CITY. If any protection,
relocation, or rernoval of utilities is required, such work shall be performed in
accordance with STATE's policy and procedure for those facilities located within
the limits of work providing for the improvement to the State highway and in
accordance with CITY policy for those facilities outside of the limits of work
providing for the improvement to the State highway.
1 l. Upon completion of all work under this Agreement, ownership and title to all
materials, equipment and appurtenances installed will automatically be vested in
STATE and no further agreement will be necessary to transfer ownership to
STATE.
12. The cost of any engineering or maintenance referred to herein in this Agreement
shall include all direct and indirect costs (functional and administrative overhead
assessment) attributable to such work, applied in accordance with STATE's
standard accounting procedures.
13. Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties to this Agreement or affect the
legal liability of either party to the Agreement by imposing any standard of care
with respect to the maintenance of State highways different from the standard of
care imposed by law.
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District Agreement NO. 02-0001
14. Neither STATE nor any officer or employee thereof is 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 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 of�icers and employees from all 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.
15. Neither CITY nor any officer or employee thereof is 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 Abreement. It is understood and agreed that, pursuant to
Government Code Section 895.4, STATE shall fully defend, indemnify and save
harmless CITY from all 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
STATE under or in connection with any work,. authority or jurisdiction delegated
to STATE under this Agreement.
16. In the construction of said work, STATE will furnish a representative to perform
the functions of a Resident En�ineer, and CITY may, at no cost to STATE, furnish
a representative, if it so desires, and said representative and Resident Engineer will
cooperate and consult with each other, but the decisions of STATE's Resident
EnDineer shall prevail.
17. Execution of this Agreement by CITY grants to STATE the right to enter upon
CITY owned lands to construct PROJECT.
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District Agreement NO. 02-0001
1 n. Those portions of this Agreement pertaining to the construction of PROJECT shall
terminate upon completion and acceptance of the construction contract for
PROJECT by STATE, or on June 30, 2002, whichever is earlier in time; however,
the ownership, operation, maintenance, liability, and claims clauses shall remain in
effect until terminated or modified, in writing, by mutual agreement. Should any
construction related claim arising out of PROJECT be asserted against STATE,
CITY agrees to extend the termination date of this Agreement and provide
additional funding as rec�uired to cover CITY's proportionate share of costs or
execute a subsequent Agreement to cover those eventualities.
STATE OF CALIFORNIA CITY OF REDDING
DEPARTMENT OF
TRANSPORTATION
JAMES W. van LOBEN SELS
Director of Transportation By:
Mayor
By Attest:
District Director City Clerk
Approved as to form and Approved as to form and
procedures: procedures:
Attorney
Department of Transportation Attorney
Certified as to funds:
�•�U�c..��
District Resource Manager
Certified as to form and
procedures:
Headquarters Accounting
Administrator
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District Agreement No. 02-0001
�XFIIBI'I' A
Estimate of Cost
Description Total Est. City's State's
Cost Share Share
Construction Cost
Signal and Safety Lighting $ 297,400 $ 148,700 $ 148,700
Includes:
State furnished materials
Traffic control
Signing
Pavement delineation
Curb ramps
Curb and gutter
Sidewalks
Roadwork $ 94,900 $ 4,100 $ 90;800
Includes:
A.C. overlay
Subtotal $ 392,300 $ 152,800 $ 239,500
Engineering Cost (Includes Overhead)
Preliminary Engineering $ 31,400 $ 12,200 $ 19,200
��%)
Construction Engineering $ 54,900 $ 21,400 $ 33,500
(14%)
Subtotal $ 86,300 $ 33,600 $ 52,700
TOTAL $ 478,600 $ 18G,400 $ 292,200
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