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HomeMy WebLinkAboutReso 95-038 - Approve entering into Cooperative Agreement No 02F617 between COR & the State of Calif, Dept of Transportation, for the Twin View Blvd/State Hwy 273 Imporvements RESOLUTION NO. 95- 3R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING ENTERING INTO COOPERATIVE AGREEMENT NO. 02F617 BY AND BETWEEN THE CITY OF REDDING AND THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, FOR THE TWIN VIEW BOULEVARD/STATE HIGHWAY 273 IMPROVEMENTS. WHEREAS, the City of Redding (City) and the State of California ( State) , pursuant to Streets and Highways Code Sections 114 and 130, are authorized to enter into Cooperative Agreements for improvements to State highways within the City of Redding; and WHEREAS, development in the north section of the City has increased the use of the Market Street (SR273 ) corridor, and traffic demands have accelerated the need to install a signal; and WHEREAS, the City and the State contemplate installing a traffic control signal and safety lighting, and performing roadwork, at the intersection of Twin View Boulevard and State Highway 273 (the Project) , as more particularly set forth in the Cooperative Agreement attached hereto and made a part hereof; and WHEREAS, by entering into said Agreement, the City will transfer the $55,000 it has collected from developer contributions toward the signalization of the Market/Redwood/Twinview intersection to the Agency; this action will allow Caltrans to submit its final funding request before the California Transportation Commission; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding: 1 . That it is in the best interests of the City of Redding to enter into Cooperative Agreement No. 02F617 . 2 . That the Mayor is hereby authorized to sign said Agreement on behalf of the City; and the City Clerk is hereby directed to attest the signature of the Mayor and to (� impress the official seal of the City of Redding thereto. -! "V 3 . That the Director of Public Works is authorized to execute any supplemental documentation necessary to complete the Project on behalf of the City. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a regular meeting of the City Council on the -7th day of February, 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 ROBERT C. ANDERSON, Mayor City of Redding ATTEST: /a— —�'f 9, 4— W CONNIE STROHMA City Clerk FORM APPROVED: Lv //'1 9W DOUGLAS H. CALKINS Interim City Attorney 2 02 Sha 273 18 . 8/19 . 0 02365-306501 In Shasta County in Redding from Lake Blvd to 0. 3 mile north of Twinview Blvd District Agreement No. 02F617 Page 1 of 6 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" RECITAL (1) STATE and CITY contemplate installing a traffic control signal, safety lighting and performing roadwork at the intersection of Twinview Blvd 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, and maintained. SECTION I STATE AGREES• (1) To provide all necessary preliminary engineering, including plans and specifications, and all necessary construction engineering services for PROJECT and bear the entire actual expense thereof. Estimates of such costs are as shown on Exhibit A attached and made a part of this Agreement. (2) To construct PROJECT by contract in accordance with the plans and specifications of STATE. District 2 Agreement No. 02F617 Page 2 of 6 (3) To pay an amount equal to the balance of the PROJECT construction cost in excess of CITY's contribution of $55, 000, as shown on Exhibit A but in no event shall STATE's total obligation for PROJECT construction costs, under this Agreement, excluding cost referred to in Section III, Article (8) , exceed the amount of $265, 000; 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 construction cost to be borne by CITY. (5) To maintain the entire traffic control signal and safety lighting as installed and pay an amount equal to 50% of the total maintenance cost, including electrical energy cost. (6) To operate the traffic control signal as installed and pay 100% of the operation cost. 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 $55, 000, which figure represents CITY's share of the expense of construction cost required to complete PROJECT, as shown on Exhibit A. CITY's total obligation for said anticipated project cost shall not exceed the amount of $55, 000; provided that CITY may, at its sole discretion, in writing, authorize a greater amount. (2) To reimburse STATE for CITY's proportionate share of the cost of maintenance of said traffic control signal and safety lighting, such share to be an amount equal to 50% of the total maintenance cost, including electrical energy cost. District 2 Agreement No. 02F617 Page 3 of 6 SECTION 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. (2) STATE shall not award a contract for the work until after receipt of CITY's deposit required in Section II, Article (1) . (3) Should any portion of PROJECT be financed with Federal funds or State gas tax funds all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. (4) 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. (5) 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 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 (7) of this Section III. (6) Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement by written notice, provided that CITY pays STATE for cost incurred by STATE. CITY's total obligation for said incurred STATE cost shall not exceed the amount of $55, 000. (7) If termination of this Agreement is by mutual consent, STATE will bear 50% and City will bear 50% of all cost incurred prior to termination, except that any utility relocation cost shall paid by STATE. CITY' s total obligation for said incurred STATE cost shall not exceed the amount of $55, 000. (8) If existing 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 shall bear the cost of said protection, relocation or removal, plus cost of engineering overhead and inspection. District 2 Agreement No. 02F617 Page 4 of 6 If any protection, relocation, or removal 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. (9) Upon completion of all work under this Agreement, ownership and title to all signal, 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. (10) The cost of any engineering or maintenance referred to herein shall include all direct and indirect cost (functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE's standard accounting procedures. (11) Nothing in the provisions of this Agreement is intended to create duties of 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. (12) 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 delegated to CITY 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 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. (13) 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 not delegated to CITY 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 not delegated to CITY under this Agreement. District 2 Agreement No. 02F617 page 5 of 6 (14) That, in the construction of said work, STATE will furnish a representative to perform the functions of a Resident Engineer, and CITY may, at no cost to STATE, 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 engineer shall prevail . (15) Execution of this Agreement by CITY grants to STATE the right to enter upon CITY owned lands to construct PROJECT referred to herein. (16) This Agreement shall terminate upon completion and acceptance of construction contract by STATE for signal and safety lighting at the intersection of Twinview Blvd with State Highway Route 273 or on June 30, 2004 , whichever is earlier in time; however, the ownership, operation, maintenance and liability clauses shall remain in effect until terminated, in writing, by mutual agreement. STATE OF CALIFORNIA CITY OF REDDING Department of Transportation James W. Van Loben Sels By Director of Transportation Bob Anderson, Mayor By Attest: District Director City Clerk Approved as to form and procedure Attorney, Department of Transportation Certified as to procedure Accounting Officer Certified as to funds District Resource Manager 02 Sha 273 18 . 8/19 . 0 365-306501 In Shasta County in Redding from Lake Blvd to 0. 3 mile north of Twinview Blvd District Agreement No. 02F617 Page 6 of 6 EXHIBIT A ESTIMATE OF COST TOTAL EST CITY's STATE's Description COST SHARE SHARE Construction cost $285, 000 $55, 000 $230, 000 Preliminary Engr. (8% of Const. Cost) 22 , 800 22 , 800 Construction Engr. 39, 900 39, 900 (140 of Const. Cost) TOTAL $347, 000 $55, 000 $292,700