HomeMy WebLinkAboutReso 93-219 - Approve & Authorize mayor to sign cooperative agreement No. 02E717 by & between the Redding Redevelopment Agency, COR, and State of Calif - Dept of Transporation, for SR44/Friendly Rd Ramp Project 1
RESOLUTION NO. �3-ai9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO SIGN COOPERATIVE
AGREEMENT NO. 02E717 BY AND BETWEEN THE REDDING
REDEVELOPMENT AGENCY, THE CITY OF REDDING, AND THE STATE OF
CALIFORNIA, DEPARTMENT OF TRANSPORTATION, FOR THE
SR44/FRIENDLY ROAD RAMP PROJECT (PROJECT) .
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WHEREAS, the Redding Redevelopment Agency (Agency) , the City of
Redding (City) , and the State of California (State) , pursuant to
Streets and Highways Code Sections 114 and 130 , are authorized to
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enter into Cooperative Agreements for improvements to State highways
within the City of Redding; and
WHEREAS, the Agency, City, and State desire State highway
improvements within the City of Redding, including the construction
of new on- and off-ramps from State Route 44 to Dana Drive,
intersecting Dana Drive at Friendly Road; and
WHEREAS, the State desires to design, advertise, and administer
the construction contract for said Project; and
WHEREAS, the City desires to perform all necessary right-of-way
acquisition activities, and deed the acquired right-of-way to the
State for the Project; and
WHEREAS, the Agency and State desire to participate in the cost
of designing and constructing the Project;
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of
the City of Redding hereby approves Cooperative Agreement No. 02E717,
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a. true copy of which is attached hereto and incorporated herein by
reference.
BE IT FURTHER RESOLVED that the Mayor of the City of Redding is
hereby authorized and directed to sign said Agreement on behalf of
the City; and the City Clerk is hereby authorized and directed to
attest the signature of the Mayor and to impress the official seal of
the City of Redding thereto.
I HEREBY CERTIFY that the foregoing Resolution was introduced
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and read at a regular meeting of the City Council of the City of
Redding on the 1st day of June , 1993, and was duly adopted at said
meeting by the following vote:
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AYES: COUNCIL MEMBERS: Anderson, Kehoe, Moss and Arness
NOES: COUNCIL MEMBERS: None Y.
ABSENT: COUNCIL MEMBERS: Dahl ' R
ABSTAIN: COUNCIL MEMBERS: None
CARL ARNESS, Mayor
City of Redding
A ST:
r
CONNIE STROHMAYER, ty Clerk
FOR4,APPROVED:
RAkDALL A. HAYS Cit
Y Attorney
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District Agreement No. 02E717
COOPERATIVE AGREEMENT
This AGREEMENT entered into on , 1993 , is between
the STATE of CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as STATE, and
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REDDING REDEVELOPMENT AGENCY,
a public corporation, referred to
herein as AGENCY,
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and
CITY OF REDDING, a body politic and
a municipal corporation of the State of
California, referred to herein as CITY.
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RECITALS
1) STATE, AGENCY and CITY, pursuant to Streets and Highways Code
Sections 114 and 130, are authorized to enter into Cooperative
Agreement for improvements to State Highways within CITY.
2) STATE, AGENCY and CITY desire State highway improvements
consisting of:
1. New on- and off-ramps from State Route 44 to Dana Drive,
intersecting Dana Drive at Friendly Road,
2 . New auxiliary lanes on westbound State Route 44 , between
the Victor Avenue on-ramp and the connector-ramp to northbound
State Route 5,
3 . New traffic control signal and safety lighting at the
Friendly Road/Dana Drive/Westbound Route 44 Ramps inter-
section,
4 . Removal of the existing on- and off-ramps from State Route
44 to Dana Drive,
5. Modifications to the existing traffic control signal and
safety lighting at the Dana Drive/Mt. Shasta Mall driveway
intersection,
6. Widening of eastbound Dana Drive, on Route 44 between the
Hilltop Drive Overcrossing and 0. 1 mile west of the Victor
Avenue Overcrossing in the City of Redding, referred to herein
as PROJECT, and as shown on Exhibit C, attached and made a
part of this AGREEMENT.
3) CITY desires to perform all necessary Right-of-Way
acquisition activities and deed the acquired Right-of-Way to STATE
for PROJECT.
4) STATE desires to design, advertise, and administer the
construction contract for PROJECT.
5) The parties hereto intend to define herein the terms and
conditions under which PROJECT is to be designed, constructed,
financed, and maintained.
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SECTION I
STATE AGREES:
1) To provide all necessary preliminary design 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,
except that STATE's share of the actual construction cost shall not
exceed $170, 000, provided that STATE may, at its sole discretion,
in writing, authorize a greater amount. Estimates of such costs
are shown on Exhibit A, attached and made a. part of this AGREEMENT.
2) To certify legal and physical control of rights-of-way for
construction prior to advertisement for bids for construction of
PROJECT.
3) To advertise, open and review bids, and award the construction
contract for PROJECT.
4) To construct PROJECT by contract in accordance with plans and
specifications of STATE.
5) To account for all PROJECT costs to be paid for by AGENCY and
CITY pursuant to this AGREEMENT.
6) To submit a final report of expenditures to AGENCY within 120
days after completion and acceptance of the PROJECT construction
contract by STATE.
7) Upon completion of PROJECT and all work incidental thereto, to
furnish AGENCY with a detailed statement of the portion of the
engineering and construction costs to be borne by AGENCY, including
resolution of any construction related claims which have been
allowed to the construction contractor. STATE thereafter shall
refund to AGENCY, promptly after completion of STATE's audit, any
amount of AGENCY's deposit required in Section II, Article 1
remaining after actual costs to be borne by AGENCY have been
deducted, or to bill AGENCY for any additional amount required to
complete AGENCY's financial obligations pursuant to this AGREEMENT.
8) To consult with AGENCY on all construction contract change
orders with an estimated cost over $10, 000 before implementation,
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except when necessary for the safety of motorists and/or
pedestrians.
9) To maintain all those facilities constructed pursuant to this
AGREEMENT which lie within STATE's right-of-way and to bear the
entire expense thereof.
10) To maintain the entire traffic control signal and safety
lighting, in accordance with the "Agreement for Maintenance of
Intersection Lighting and/or Traffic Signals on State Highways in
the City of Redding, " between CITY and STATE, dated July 31, 1970,
at the intersection of Dana Drive and Friendly Road, as installed,
and pay an amount equal to 25% of the total maintenance costs,
including electrical energy costs.
11) To operate the traffic control signal, in accordance with the
"Agreement for Maintenance of Intersection Lighting and/or Traffic
Signals on State Highways in the City of Redding, " between CITY and
STATE, dated July 31, 1970, at the intersection of Dana Drive and
Friendly Road, as installed, and pay 100% of the operation cost.
12) To furnish the traffic signal controller unit and cabinet, and
roadside sign panels for PROJECT as State Furnished Materials. The
actual cost to STATE for State Furnished Materials shall be
deducted from STATE's share of the PROJECT costs.
13) Upon presentation by CITY, to accept from CITY good and
sufficient fee title to that real property shown on Exhibit B,
attached hereto and made a part of this AGREEMENT, acquired in fee
by CITY for STATE pursuant to this AGREEMENT.
SECTION II
AGENCY 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 $313,867, which figure represents the AGENCY's estimated
share of the expense of preliminary engineering, the estimated
initial deposit for one month estimated construction cost and two
months estimated cost of construction engineering for PROJECT.
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AGENCY's total obligation for said PROJECT costs, exclusive of
right-of-way acquisition costs, and construction claims, and
excluding costs referred to in Section IV, Article 25, of this
Agreement shall not exceed the amount of $1, 645, 556; provided that
AGENCY may, at its sole discretion, in writing, authorize a greater
amount.
2) To deposit with STATE not later than ten (10) working days
preceding the beginning of each month, the estimated expenditures
for that month and to continue making such advance deposits on a
monthly basis until PROJECT completion.
3) AGENCY's share of the construction cost (estimated to be
$1, 330, 000 shall be an amount equal to 100% of the total actual
construction cost, less the STATE's $170, 000 share of the
i construction cost, 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.
4) AGENCY's share of the expense of preliminary engineering shall
be an amount equal to 46. 1% of STATE's actual costs for preliminary
engineering for those expenses occurring after July 1, 1992 , for
PROJECT.
5) AGENCY's share of the expense of construction engineering
shall be an amount equal to 46. 1% of STATE's actual costs for
construction engineering for the entire PROJECT.
6) To pay STATE upon completion of all work and within 45 days of
receipt of a detailed statement made upon final accounting of costs
therefor, any amount over and above the aforesaid advance deposits
required to complete AGENCY's financial obligation pursuant to this
AGREEMENT.
SECTION III
CITY AGREES:
1) To acquire, at no cost to STATE, all necessary rights-of-way
for PROJECT as shown on Exhibit B, attached and made a part of this
AGREEMENT, with the exception of Assessor's Parcel Number 71-160-36
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which will be acquired pursuant to Cooperative Agreement Number
02D381.
2) To perform all right-of-way acquisition activities, including
eminent domain activities, in accordance with procedures acceptable
to STATE, and in compliance with all applicable State and Federal
laws and regulations, subject to STATE oversight to insure that the
completed work is acceptable for incorporation into the State
highway right-of-way.
3) To deliver to STATE fee title to the right-of-way shown on
Exhibit B, including access and abutters rights, free and clear of
all liens and encumbrances detrimental to STATE's certification of
right-of-way ready for construction pursuant to Article 2 of
Section I. Acceptance of said title by STATE is subject to a
review of a Policy of Title Insurance in STATE"s name to be
provided and paid for by CITY.
4) To maintain all those facilities constructed pursuant to this
AGREEMENT which lie within CITY's right-of-way, with the exception
of the traffic control signal and safety lighting installed at the
intersection of Dana Drive, Friendly Road and the Route 44 Ramps,
and to bear the entire expense thereof.
5) To maintain and operate the entire traffic control signal and
safety lighting, at the intersection of Dana Drive and the Mt.
Shasta Mall Driveway, as modified and pay 100% of the total
maintenance and operation costs, including electrical energy costs.
6) To reimburse STATE for CITY's proportionate share of the cost
of maintenance of the traffic control signal and safety lighting,
in accordance with the "Agreement for Maintenance of Intersection
Lighting and/or Traffic Signals on State Highways in the City of
Redding, " between CITY and STATE, dated July 31, 1970, at the
intersection of Dana Drive, Friendly Road, and the Route 44 Ramps;
such share to be an amount equal to 75% of the total maintenance
cost, including electrical energy costs.
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SECTION IV
IT IS MUTUALLY AGREED:
1) All obligations of STATE under terms of this AGREEMENT are
contingent upon the appropriation of resources by the Legislature,
the allocation of resources by the California Transportation
Commission, and subject to STATE's reimbursement budget authority.
2) All phases of PROJECT from inception to and including
maintenance will be developed in accordance with all policies,
procedures, practices, standards, regulations and laws that STATE
would normally follow, except that roadway construction work on
Dana Drive and the modification of the traffic control signal at
the intersection of Dana Drive and the Mt. Shasta Mall Driveway
will be developed in accordance with CITY standards.
3) The design and construction for PROJECT shall be performed in
accordance with STATE standards and practices current as of the
date of execution of this Agreement. Any exceptions to applicable
design standards shall be approved by STATE via the processes
outlined in STATE's Highway Design Manual and appropriate
memorandums and design bulletins published by STATE. In the event
that STATE proposes and/or requires a change in design standards,
implementation of new or revised design standards shall be done in
accordance with STATE's memorandum "Effective Date for Implementing
Revisions to Design Standards" , dated February 8, 1991. STATE
shall consult with AGENCY in a timely manner regarding effect of
proposed and/or required changes on PROJECT.
4) AGENCY's share of all changes in development and construction
costs associated with modifications to the basic design features as
described above shall be in a subsequent amendment to this
Agreement.
5) If Federal and State regulations indicate that contaminated
material within the existing State highway right-of-way presents a
threat to public health or the environment, regardless of whether
it is disturbed or not, STATE shall be responsible for the cleanup,
at STATE expense. If STATE's cost to mitigate is increased due to
PROJECT, responsibility for the additional cost shall be in a
subsequent amendment to this Agreement.
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6) If a finding is made that Federal and State regulations do not
require mitigation of contaminated material in its present
condition within the existing State highway right-of-way,
responsibility for any remedial action required as a result of
proceeding with PROJECT shall be in a subsequent amendment to this
Agreement. Locations subject to cleanup include utility relocation
work required for PROJECT.
7) The party responsible for funding any contaminated material
cleanup described above shall be responsible for the development of
the necessary mitigation and remedial plans and designs. Remedial
actions proposed by AGENCY shall be approved by STATE and shall be
performed in accordance with standards and practices of STATE and
other Federal and State regulatory agencies.
8) All right-of-way acquisition activities shall be conducted in
such a manner as to comply with the Uniform Relocation Assistance
and Real Property Acquisition Act.
9) The cost of any engineering and maintenance referred to herein
in this AGREEMENT shall include all direct and indirect costs ' y4
(functional and administrative overhead assessment) attributable to
such work, applied in accordance with STATE's standard accounting
practices.
10) STATE shall designate a STATE Project Coordinator, AGENCY
shall designate a representative, and CITY shall designate a
representative through whom all communications between the three
agencies shall be channeled.
11) Upon completion of all work under this Agreement, ownership
and title to all materials, equipment and appurtenances installed
within STATE's right-of-way will automatically be vested in STATE,
and materials, equipment and appurtenances installed outside of
STATE's right-of-way will automatically be vested in CITY, except
that ownership and title to the traffic control signal and safety
lighting and appurtenances installed at the intersection of Dana
Drive, Friendly Road and the Route 44 Ramps, will be owned by the
STATE, and that. ownership and title to the traffic control signal
and safety lighting and appurtenances at the intersection of Dana
Drive and the Mt. Shasta Mall Driveway, will be owned by the CITY.
No further agreement will be necessary to transfer ownership as
hereinabove stated.
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12) No alteration or variation of the terms of this AGREEMENT
shall be valid unless made in writing and signed by the parties
hereto and no oral understanding or agreement not incorporated
herein shall be binding on any of the parties hereto.
13) This AGREEMENT may be terminated or provisions contained
herein may be altered, changed, or amended by mutual consent of the
parties hereto.
14) If termination of this AGREEMENT is by mutual` consent, STATE
will bear 53 . 9% and AGENCY 46. 1% of all costs incurred prior to
termination.
15) Nothing in the provisions of this AGREEMENT is intended to
create duties or obligations to or rights of fourth parties not
parties to this AGREEMENT or affect the legal liability of any
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.
16) 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 AGENCY or CITY under or in
connection with any work, authority or jurisdiction delegated to
AGENCY or CITY under this AGREEMENT. It is understood and agreed
that, pursuant to Government Code Section 895. 4, AGENCY and CITY
shall fully defend, indemnify and save harmless the State of
California, all officers and employees from all claims, suits or
actions of every name, kind and description brought for on account
of injury (as defined in Government Code Section 810. 8) occurring
by reason of anything done or omitted to be done by AGENCY or CITY
under or in connection with any work, authority or jurisdiction
delegated to AGENCY or CITY under this AGREEMENT.
17) Neither AGENCY nor 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 AGREEMENT. It is understood and agreed that, pursuant to
Government Cod4 Section 895. 4, STATE shall fully defend, indemnify
and save harmless CITY and AGENCY 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
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connection with any work, authority or jurisdiction delegated to
STATE under this AGREEMENT.
18) STATE's goals for utilization of Minority, Women's and
Disabled Veteran Business Enterprise (MBE, WBE and DVBE) will be
included in the construction contract. The contract goals will be
based on a technical analysis of contract items and certified
MBE/WBE/DVBE subcontractors in the area. STATE will award
construction contract to the lowest responsible bidder who meets
the goals or who made, in the sole judgement of STATE, a good faith
effort to do so.
19) After opening of bids for construction of PROJECT, AGENCY's
estimate of cost will be revised based on actual bid prices.
AGENCY'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 $10, 000. 00, no refund or demand
for additional deposit will be made until final accounting.
' 20) After opening of bids for construction of PROJECT and if bidsY;;;y;
indicate a cost overrun of no more than 10% of the estimate will
occur, STATE may award contract.
21) If upon opening of bids, it is found that cost overrun
exceeding 10% of the estimate will occur, STATE and AGENCY shall
endeavor to agree upon an alternative course of action. If, after
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 14 of this Section IV.
22) STATE shall not award a construction contract to construct
PROJECT until after receipt of AGENCY's deposit required in Section
II, Article 1 of this AGREEMENT.
23) In the construction of said work, STATE will furnish a
representative to perform the functions of a Resident Engineer, and
AGENCY and CITY may, at no cost to STATE furnish representatives,
if AGENCY and CITY so desire, and said representatives and Resident
Engineer will cooperate and consult with each other, but the
decisions of STATE's Resident Engineer shall prevail.
24) Execution of this AGREEMENT by AGENCY and CITY grants to STATE
right to enter upon CITY owned lands to construct PROJECT.
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25) If any existing public and/or private utility facilities
conflict with the construction of PROJECT, 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, CITY and/or AGENCY
must legally pay, AGENCY shall bear the entire cost of said
protection, relocation, or removal, with the exception that STATE
and AGENCY shall share in the cost of engineering overhead and
inspection, in the amount of 53 . 9% STATE and 46. 1% AGENCY. If any
protection, . relocation, or removal of facilities is required, such
work shall be performed in accordance with STATE 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 located outside of
s, the limits of work providing for the improvement to the State
highway.
26) Those portions of this AGREEMENT pertaining to the f+
construction of PROJECT shall terminate upon completion and
acceptance of the construction contract for PROJECT by STATE, or on
July 1, 1998, whichever is earlier in time; however, the ownership,
operation, liability, and maintenance 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, AGENCY agrees to extend the
termination date of this AGREEMENT and provide additional funding
as required to cover AGENCY's proportionate share of costs or
execute a subsequent AGREEMENT to cover those eventualities.
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STATE OF CALIFORNIA
Department of Transportation
JAMES W. VAN LOBEN SELS CITY OF REDDING
Director of Transportation
' BY By
District Director Mayor
Approved as to form and procedure Approved as to form
Attorney, Department of Attorney, City of Redding
Transportation
Certified as to funds and procedure Attest:
City Clerk
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District Accounti Officer REDDING REDEVELOPMENT AGENCS
BY
Chairman
Approved as to form
Agency Attorney
Attest:
Agency Secretary
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EXHIBIT A - ESTIMATE OF COST
Total
Estimated Agency's States
Description Cost Share Share
Right-of-Way Acquisition $62 , 440 $62 , 440 $0
(All parcels except 71-160-36)
Right-of-Way Acquisition* $1, 577, 631* $54 , 658* $1, 522 , 973*
(Parcel 71-160-36)
Construction Cost (Including $1, 500, 000 $1, 330, 000 $170, 000
Right-of-Way Utilities)
SUBTOTAL (Right-of-Way $3 , 140, 071 $1, 447, 098 $1, 692, 973
and Construction Cost) (100%) (46. 1%) (53 . 9%)
Engineering Cost
Preliminary Engineering $120, 000 $55, 320 $64 , 680
at 8% of Const. Cost
(Overhead Included)
Const. Engineering $240, 000 $110, 640 $129, 360
at 16% of Const. Cost
(Overhead Included)
SUBTOTAL- Engineering $360, 000 $165, 960 $194, 040
SUBTOTAL-Const. Cost and $1, 860, 000 $1, 495, 960 $364 , 040
All Engineering
TOTAL (Including right-of- $3 , 500, 071 $1, 613 , 058 $1,887, 013
way)
*Pursuant to Cooperative Agreement No. 02D381; Approved
April 19, 1993 (Not a part of this AGREEMENT)
3-2-690
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