Loading...
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) . I 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 I i 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, � 9 n i 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 I 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: i I 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 2 02-Sha-44-R0. 1/R1. 0 02801 - 288601 Ramp Relocation and Auxiliary Lanes 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 'I REDDING REDEVELOPMENT AGENCY, a public corporation, referred to herein as AGENCY, I and CITY OF REDDING, a body politic and a municipal corporation of the State of California, referred to herein as CITY. 1 i i I . t 02-Sha-44-R0. 1/R1. 0 02801 - 288601 Ramp Relocation and Auxiliary Lanes District Agreement No. 02E717 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. 2 I 02-Sha-44-R0. 1/R1. 0 02801 - 288601 Ramp Relocation and Auxiliary Lanes District Agreement No. 02E717 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, 3 i 02-Sha-44-R0. 1/R1. 0 02801 - 288601 Ramp Relocation and Auxiliary Lanes District Agreement No. 02E717 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. 4 02-Sha-44-R0. 1/R1. 0 02801 - 288601 Ramp Relocation and Auxiliary Lanes District Agreement No. 02E717 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 5 i J i 02-Sha-44-R0. 1/R1. 0 02801 - 288601 Ramp Relocation and Auxiliary Lanes District Agreement No. 02E717 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. 6 02-Sha-44-R0. 1/R1. 0 02801 - 288601 Ramp Relocation and Auxiliary Lanes District Agreement No. 02E717 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. 7 02-Sha-44-R0. 1/R1. 0 02801 - 288601 Ramp Relocation and Auxiliary Lanes District Agreement No. 02E717 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. 8 02-Sha-44-R0. 1/R1. 0 02801 - 288601 Ramp Relocation and Auxiliary Lanes District Agreement No. 02E717 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 9 i I 02-Sha-44-R0. 1/R1. 0 02801 - 288601 Ramp Relocation and Auxiliary Lanes District Agreement No. 02E717 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. 10 02-Sha-44-R0. 1/R1. 0 02801 - 288601 Ramp Relocation and Auxiliary Lanes District Agreement No. 02E717 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. 11 • 02-Sha-440. 1/R1. 0 02801 - 288601 Ramp Relocation and Auxiliary Lanes District Agreement No. 02E717 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 I District Accounti Officer REDDING REDEVELOPMENT AGENCS BY Chairman Approved as to form Agency Attorney Attest: Agency Secretary 02-Sha-44-R0. 1/R1. 0 02801 - 288601 Ramp Relocation and Auxiliary Lanes District Agreement No. 02E717 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 13 it •`^�vt'I - / M1 O �w \A ,9 / M .LS'09i 7 lt-�L-00 h � � � O L W � L ` T 41 h , � ? � uN0 o" $ lu t ca :r_ _ se V. 3 oc-�z-� s O � o � m I10 .'� X o < � , / vl � 2 vv 0 / �VLLJ p �iNZ= `I p U0<O z s0,a 0 Z;h~u 0 \ a 3 < ♦� O �pOaz rQ �� N V Jt0< N� 0 W 4<p0 '�r U 'b`y0. N NU��y N. 0 o'rip i Qy y 3 ¢` h H .i^,�'i ,Qd iV•yy2p� I W<^m0 o ^ 3 q �� � ra,�rr/ s� N m3y3� z zz 0 n �' -jioioo M I � Z n' A 7 Z r " e c Jg u h r�-gay 4 i 02-Sha-44-MvR 0 m . 02 - 288601 W EXHIBIT C aST.AGREEMENT No.02E717 O v + i SHEET tOF 3 ]G N O 39 VUJ vi V ,I c � As AJ F- � a r- W may` ® 1® d� vui z S2 cc a N lor N H W Z O i s 2a. �' o a vo ic zW1: 0 ) z °° s4 ,. / CRq�£NTO m J 47 O O aC O r CC + it Z W m H N PAGE /S E X H IBI T C 02-SHA-44-RO. I/RI .0 DISTRICT AGREEMENT N0. 02E717 SHEET 2 OF 3 02 -288601 J F" O N W �— X Z Q 3 O co WQN 3 > V W C� ct u— -joaa W Q W J O 3 � cc X � — Z Q � N 2 N F— CL Y W $ W N O O " CL yq X W. � J 3 � a m 0 ------------------- ... ----•--• ................ ' ------------------------------HILLTOP DRIVE V w 'I PAGE /(o NO SCALE