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Home My WebLink AboutReso 95-092 - Approve Entering into a Letter of Agreement between COR, The Redding Redevelopment Agency, & CHP for Const Zone Traffic Control Serv on S Bonnyview/I5 Interchange Project 4 RESOLUTION NO. 95-�2- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING ENTERING INTO A LETTER OF AGRYM024 ' BETWEEN THE CITY OF REDDING, THE REDDING REDEVELOPMENT AGENCY, AND THE CALIFORNIA HIGHWAY PATROL FOR CONSTRUCTION ZONE TRAFFIC CONTROL SERVICES ON THE SOUTH BONNYVIEW/INTERSTATE 5 INTERCHANGE PROJECT, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT. WHEREAS, on February 7 , 1995 , by Resolution 95-36, the City Council entered into an Agreement with the State of California and the Redding Redevelopment Agency for the construction of improvements to the South Bonnyview Interchange (Project) ; and WHEREAS, an important part of the Project will be controlling traffic on I-5 during crucial phases of construction, such as when the contractor will be swinging temporary steel-support beams over freeway traffic; and WHEREAS, in order to aid the City with traffic control on the freeway, a Letter of Agreement has been negotiated between the City of Redding, the Redding Redevelopment Agency, and the California Highway Patrol (CHP) to use the CHP' s Construction Zone Enforcement Enhancement Program; and WHEREAS, the cost of the CHP Program, which is estimated at $20,000 and included in the Project budget, will be borne by the Redding Redevelopment Agency as part of construction management X) costs; �l NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council that it is in the best interests of the City to enter into the Letter of Agreement for Traffic Control by and between the City of Redding, the Redding Redevelopment Agency, and the State of California, acting by and through the Department of California Highway Patrol. A true copy of said Agreement is attached hereto and made a part hereof. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a regular meeting of the City Council on the 4th day of April , 1995, by the following vote: AYES: COUNCIL MEMBERS: P• Anderson, Kehoe, McGeorge, Murray and R. Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None 01 ROBERT C. ANDERSON, Mayor City of Redding ATTEST. CONNIE -STROHMAYER, ty Clerk FORM APPROVED: W. LEONARD WINGATW, City Attorney 2 STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL LETTER OF AGREEMENT TRAFFIC CONTROL THIS AGREEMENT, is entered into this day of 1995, by and between the State of California, acting by and through the Department of California Highway Patrol, hereinafter called the CHP, City of Redding, hereinafter called CITY, and the Redding Redevelopment Agency, hereinafter called AGENCY. ARTICLE I - SCOPE OF WORK The CHP agrees to provide State Traffic Officers when warranted and available to assist the CITY and AGENCY,upon request of the Director of the Public Works Department, in managing the traveling public in and through the vicinity of the South Bonnyview/Interstate 5 interchange improvements in the City's enforcement area. ARTICLE II - CONTRACT ADMINISTRATOR California Highway Patrol - Northern Division Sue Siewert 916-225-2715 Redding Area Contact Person: California Highway Patrol - Redding Area Office Sergeant Matt Hazeltine 916-225-2700 City of Redding Department of Public Works Rick Pizzi, Construction Manager (915) 225-4505 ARTICLE III - TERM OF AGREEMENT The term of this agreement shall begin on the date specified above, contingent upon approval by the State and notification from the CHP Contract Administrator to begin work, and to expire no later than September 1, 1996, unless extended by supplemental agreement. ARTICLE IV - TERMS AND CONDITIONS 1. The CHP agrees to provide State Traffic Officers for the South Bonnyview/ Interstate 5 Interchange Improvements construction project in the CITY. 2. The services required will be defined between the CHP Redding Area Commander upon by both parties. Since the number of hours to be worked may vary, the number of hours shall be mutually agreed upon both parties. 3. The CITY and AGENCY agree to reimburse the CHP for standard State Traffic Officer overtime costs for providing the following services. The services shall include, but not be limited to: a. High visibility in critical areas. b. Control and monitor traffic during temporary detour conditions. C. Control and monitor traffic at construction site, high accident areas. d. Control and monitor end of traffic congestion resulting from construction projects. e. Conduct traffic breaks. f. Conduct round robins. 4. The services in this agreement should be in addition to the level of service normally provided by the CHP. 5. CITY agrees to notify the CHP from which service will originate at least seventy- two (72) hours prior to the date that traffic management will be needed. 6. No additional gifts, donations, or gratuities may be accepted by the CHP employees in their own behalf or in behalf of the Department, informal squad fund or other local funds. ARTICLE V - RATES 1. Overtime Salary Rates for State Traffic Officer - $44.93 per hour. 2. Vehicle Mileage - $.44 per mile. The rates indicated in this agreement are for estimate purposes only and that CITY/AGENCY will pay only for those services actually rendered under this agreement and mutually agreed upon by both parties. In the event, CHP overtime salary rates for State Traffic Officer change from the amount specified above, CITY/AGENCY agree to pay the new rates. CITY/AGENCY agree that additional charges may be assessed for CHP supplies, additional equipment utilized,damage to uniforms or property repaired or replaced at State expense, etc., which are directly related to the services provided herein. The total amount of this agreement shall not exceed $20,000. ARTICLE VI - PAYMENT PROVISIONS CITY/AGENCY agree to reimburse CHP monthly in arrears upon completion of services provided to a site(s) and receipt of an invoice. Payment will be made as promptly as fiscal procedures permit. Each CHP invoice will reference this agreement number. CHP agrees to provide a listing along with the invoice which will include the State Traffic Officer's name, badge number and the number of hours worked. -2- n Officer's name, badge number and the number of hours worked. CHP invoices shall be submitted to: City of Redding Public Works Department Attn: Rick Pizzi 760 Parkview Avenue Redding, CA 96001 ARTICLE VII- AMENDMENT This agreement may be amended in writing by mutual consent of all parties,hereto. ARTICLE VIII- CANCELLATION CLAUSE 1. CHP reserves the right to cancel, without prior notification, in the event of disaster or unforeseen emergency. 2. This agreement may be cancelled with thirty (30) days prior written notice by either party. ARTICLE IX - DISPUTES Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of within a reasonable period of time shall be brought to the attention of the City Manager, the AGENCY Secretary, and the CHP Administrative Services Office for joint resolution. If agreement cannot be reached through the application of high level management attention, either party may assert its right and remedies. ARTICLE X - OTHER REQUIREMENTS 1. If the CHP uniformed employee has reported to the assigned location and has worked less than four (4) hours, CITY/AGENCY agree to pay every assigned uniformed employee a minimum of four(4) hours overtime. Exception: This does not apply to those cases when the hours worked are part of an extended shift. ARTICLE XI - CANCELLATIONS 1. CITY/AGENCY will not be charged for cancellations made more than 24 hours prior to the scheduled assignment. 2. CITY/AGENCY agree that if cancellation is made within 24 hours prior to the scheduled assignment and the assigned CHP uniformed employee(s) cannot be notified of such cancellation, a minimum of four (4) hours overtime will be charged for each assigned uniformed employee. 3. CITY/AGENCY agree that if cancellation is made within 24 hours prior to the scheduled assignment and the CHP employee is notified of such cancellation, City will only be charged a short notice cancellation fee of $50.00 per assigned CHP -3- scheduled assignment and the CHP employee is notified of such cancellation,City will only be charged a short notice cancellation fee of $50.00 per assigned CHP uniformed employee. 4. All cancellation notices to CHP must be made during normal CHP business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. 5. CHP agrees to make reasonable efforts to notify those CHP uniformed employees of the cancellation. STATE OF CALIFORNIA CITY OF REDDING California Highway Patrol oel By: By: Administrative Services Officer Obert C. Anderson, Mayor Date: Date: Dept. of California Highway Patrol City of Redding Business Services Section Department of Public Works Contract Management Unit 760 Parkview Avenue P. O. Box 942898 Redding, CA 96001 Sacramento, CA 94298-0001 Exempt from Department of General REDDING DEVELOPMENT AGENCY Services approval in accordance with the State Administrative Manual. gg/kr/41 By: Phillip A. Perry, Secretary ATTEST: Form Appprov Be-��L✓1�=. CONNIE STROHMAYER, City Clerk Agency Attorney - W. EONARD WINGATE FORM APPROVED: W. LEONARD WINGATE, Ginty Attorney -4-