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HomeMy WebLinkAboutReso 91-046 - Approve & Authorize the mayor to sign coop agreement No 02D462 by & Between COR & State of Calif, Dept of Transport, for installing Traffic Control Signals & Safety Lighting & performing roadwork at intersections of Wyndham Ln & Ellis St wit y 1 RESOLUTION NO. 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN COOPERATIVE AGREEMENT NO. 02D462 BY AND BETWEEN THE CITY OF REDDING AND THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, FOR INSTALLING TRAFFIC CONTROL SIGNALS AND SAFETY LIGHTING AND PERFORMING ROADWORK AT THE INTERSECTIONS OF WYNDHAM LANE AND ELLIS STREET WITH STATE HIGHWAY 273 (PROJECT) . 1 1 IT IS HEREBY RESOLVED by the City Council of the City of Redding 1 as follows: 1 1 . That the City Council of the City of Redding hereby approves Cooperative Agreement No. 02D462 between the City of Redding and the State of California, acting by and through its Department of i Transportation, a true copy of which is attached hereto and incorporated herein by reference. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City of Redding; 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. 3 . That the Director of Public Works of the City of Redding is hereby authorized and directed to sign any supplemental agreements 1 required to finalize the. Project documents prior to contract award. I HEREBY CERTIFY that the foregoing Resolution was introduced I� and read at a regular meeting of the City Council of the City of i i � 1 . Redding on the 15th day of January 1991 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Dahl , Fulton, Moss & Buffum NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None i i *tyofURedding FUM, yor I d ATTEST: ETHEL A. NICHOLS, City Clerk FORM ROVED: 4 i RAN ALL A. HAYS, ity Attorney a 1 2 I n 02-Sha-14-9/1f 2 I 02351 - 283700 I Route 273 at Wyndham Lane and Ellis Street J Agreement No. 02D462 { Page 1 of 9 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON , 19 , 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 municipal corporation of the State of California, referred to herein as "CITY" i RECITALS (1) STATE AND CITY, contemplate installing traffic control signals and safety lighting and performing roadwork at the intersections of Wyndham Lane and Ellis Street 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, operated and maintained. (2) If any work involving high/low risk underground facilities or subsurface construction within said State highway is needed, STATE requires that said work be accomplished in accordance with STATE's "Manual on High and Low Risk. Underground Facilities Within Highway Rights of Way" . SECTION I CITY AGREES: (1) To provide all necessary preliminary engineering, { including plans and specifications and utility identification and location, and all necessary construction engineering services for the PROJECT and to bear CITY's share of the expense thereof, as shown in Exhibit A attached, and made a part of this Agreement. 1 I Disoict 2 Agreement No. 02D462 Page 2 of 9 (2) To identify and locate all high and low risk under- ground facilities within the PROJECT area and protect or otherwise provide for such facilities, all in accordance with STATE's "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way" . Costs of locating, identifying, protecting or otherwise providing for such high and low risk facilities shall be distributed and borne in the same manner as described in Section III, Article (12) . CITY hereby acknowledges the receipt of STATE's "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way" and agrees to construct the PROJECT in accordance with such Manual. (3) To apply for necessary encroachment permits for required work within State highway rights of way, in accordance with STATE's standard permit procedures. (4) That PROJECT will be advertised, awarded, and administered in accordance with STATE' s current Local Programs Manual, Volume II. (5) To construct the PROJECT in accordance with plans and specifications of CITY to the satisfaction of and subject to the approval of STATE. (6) To pay an amount equal to 46.7% of the PROJECT construction costs as shown on Exhibit A, but in no event shall CITY' s obligation for PROJECT construction costs under this Agreement, excluding costs referred to in Section III, Article (12) , exceed the amount of $204 , 378, provided that CITY may, at its sole discretion, in writing, authorize a greater amount. (7) Upon completion of PROJECT and all work incidental thereto, to furnish STATE with a detailed statement of the total engineering and construction costs to be borne by STATE and to refund to STATE (promptly after completion of CITY's audit) any amount of STATE' s deposit required in Section II, Article (1) remaining after actual costs to be borne by STATE have been deducted or to bill STATE for any additional amount required to complete STATE's financial obligation pursuant to this Agreement, subject to the limitations of STATE's participation as stipulated in said Section II, Article (1) . (8) Upon completion of Project, to furnish STATE a complete set of full-sized film positive reproducible As-Built plans. (9) To reimburse STATE for CITY's proportionate share of i i 1 1 Dis9rict 2 Agreement No. 02D462 Page 3 of 9 the cost of maintenance of said traffic control signal and safety lighting, such share to be an amount equal to 42% of the total maintenance costs, including electrical energy costs. (10) To retain or cause to be retained for audit for STATE or other government auditors for a period of three (3) years from date of final payment, all records and accounts relating to construction of the PROJECT. SECTION II STATE AGREES: (1) To deposit with CITY within 30 days of receipt of detailed billing therefore (which billing may be forwarded immediately following CITY's bid advertising date of a construction contract for PROJECT) the amount of $39 , 335, which figure represents STATE' s estimated share of two (2) months support cost and one (1) month capital cost of preliminary engineering, construction engineering, and construction costs required to complete PROJECT, as shown on Exhibit A. STATE will continue the above advance procedures monthly, based on substantiation of CITY's costs (billings) , until STATE's estimated expense of preliminary engineering, construction engineering, and construction costs required to complete PROJECT, as shown on Exhibit A are paid. STATE's total obligation for said anticipated project costs under this Agreement shall not exceed the amount of $301, 565 excluding { costs referred to in Section III, Article (12) . (2) STATE's share of the construction cost (estimated to be $203 , 280) shall be an amount equal to 53 .4% of the total actual construction cost as determined after completion of work and upon final accounting of costs. (3) STATE' s share of the expense of preliminary engineering shall be an amount equal to 53.4% of the CITY's actual costs for preliminary engineering for the entire PROJECT. i (4) STATE' s share of the expense of construction engineering shall be an amount equal to 53 .4% of the CITY's actual costs for construction engineering for the entire PROJECT. (5) To pay CITY upon completion of all work and within 45 days of receipt of a detailed statement made upon final accounting of costs therefore, any amount over and above the aforesaid advance deposit required to complete STATE's financial obligation pursuant to this Agreement, provided that STATE's total Digrict 2 Agreement No. 02D462 0 Page 4 of 9 obligation does not exceed the amount as stipulated in Article (1) of this Section II, exclusive of utilities referred to in Section III, Article (12) . (6) To maintain the entire traffic control signal and safety lighting as installed and pay an amount equal to 58% of the total maintenance costs, including electrical energy costs. 1 (7) To operate the traffic control signals as installed and pay 100% of the operation cost. (8) To furnish the traffic signal control equipment for PROJECT. This equipment shall consist of signal controller unit and signal control cabinet. The estimated cost of this STATE- furnished equipment is $14 , 000 and the actual cost to STATE shall be deducted from the STATE ' s share of the PROJECT costs. (9) To issue, upon proper application by CITY and by CITY contractor, the necessary encroachment permits for required work within the STATE highway rights of way. (10) To prepare a "Project Report" justifying the need for PROJECT, to prepare all necessary environmental evaluation and clearance documents and to furnish copies of these documents to CITY in a timely manner. (11) To provide a State Project Coordinator to coordinate and promptly review the work of CITY and its consultants, if any, during the preparation of PS&E for PROJECT. PROJECT 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. Should CITY award a contract for PROJECT prior to the allocation of resources by the California Transportation Commission, there is no guarantee of STATE's participation and CITY shall assume all risks thereof. (2) Should any portion of the PROJECT be financed with i Federal funds or STATE gas tax funds, all applicable laws, regula- tions and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. Difrict 2 Agreement No. 02D462 +� Page 5 of 9 1 i (3) That construction by CITY of improvements referred to herein which lie within STATE rights of way or affect STATE facilities, shall not be commenced until CITY's original contract plans involving such work, have been reviewed and approved by signature of STATE's District Director of District 2, or his delegated agent, and until an encroachment permit authorizing such work has been issued by STATE therefor. Receipt by CITY of CITY 's contract plans signed by STATE shall constitute STATE's acceptance a of and official approval of said plans. i (4) That CITY will obtain the aforesaid encroachment permit through the office of STATE's District 2 Permit Engineer and that CITY' s application therefor shall be accompanied by reproducible tracings of aforesaid STATE-approved contract plans. j Receipt thereafter by CITY of the approved encroachment permit shall constitute CITY's authorization from STATE to proceed with work which lies within STATE rights of way or which affects STATE facilities, pursuant to work covered by this Agreement. Authori- zation to proceed with said work shall, however, be contingent upon CITY ' s compliance with all provisions set forth in said encroach- ment permit . (5) That CITY's contractor will also be required to obtain an encroachment permit from STATE prior to commencing any work which lies within STATE rights of way or which affects STATE facilities. The application for said encroachment permit shall be made through the office of STATE's District Permit Engineer and the permit shall be issued free of charge by STATE. I (6) CITY shall not advertise for bids to construct PROJECT until after an encroachment permit has been issued to CITY by STATE, nor shall CITY award a contract to construct PROJECT a until after receipt of STATE's deposit required in Section II, Article (1) . (7) After opening of bids, STATE's estimate of cost will be revised based on actual bid prices. STATE'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 j less than $1000, no refund or demand for additional deposit will be made until final accounting. (8) After opening bids for the Project and if bids indicate a cost overrun of no more than 15% of the estimate will occur, CITY may award the contract. (9) If, upon opening bids, it is found that a cost i overrun exceeding 15% of the estimate will occur, STATE and CITY I Difrict 2 Agreement No. 02D462 Page 6 of 9 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 (11) of this Section III. (10) Prior to award of the construction contract for the PROJECT, STATE may terminate this Agreement by written notice, provided that STATE pays CITY for all costs incurred by CITY prior to CITY's receipt of said notice, such costs not to exceed expenditures of $49, 530. (11) If termination of this Agreement is by mutual agreement, STATE will bear 53 . 4% and CITY will bear 46.4% of all costs incurred prior to termination, with total costs not to exceed $49, 530. (12) If existing public and/or private utilities conflict with the construction of the PROJECT, CITY will make all necessary arrangements with the owners of such utilities for their protection, relocation or removal, which if there are costs of such protection, relocation or removal which STATE and CITY must legally pay, STATE and CITY will share in the cost of said protection, relocation or removal, plus cost of engineering overhead and inspection, in the amount of 58% STATE and 42% CITY. If any protection, relocation or removal of utilities is required, such work shall be performed in accordance with STATE policy and procedure. STATE will pay its share at the time of final billing based on actual costs. (13) Upon completion of all work under this Agreement, ownership and title to all signals, 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. (14) The cost of any engineering or maintenance referred to herein 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. (15) Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by 1 reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction not delegated 4 to STATE 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 9 I 4 Diforict 2 Agreement No. 02D462 Page 7 of 9 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 not delegated to STATE under this Agreement. (16) 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 delegated to STATE 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 delegated to STATE under this Agreement. (17) That, in the construction of said work, CITY will furnish a representative to perform the functions of a Resident Engineer, and STATE may, at no cost to CITY, 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 representative shall prevail on work within STATE's right of way. (18) That those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the PROJECT construction contract by CITY or on December 30, 1993 , whichever is earlier in time; however, the ownership, operation and maintenance clauses shall remain in effect until terminated or modified, in writing, by mutual agreement. Should any construction-related claim arising out of this project be asserted against CITY, STATE agrees to extend the termination date of this Agreement and provide additional funding as required to cover STATE's proportionate share of costs or execute a 1 subsequent agreement to cover those eventualities. i 1 • Di*ict 2, Agreement No. 02D462 Page 8 of 9 9 STATE OF CALIFORNIA CITY of Department of Transportation ROBERT K. BEST By Director of Transportation r By ATTEST: District Director City Clerk APPROVED AS TO FORM AND PROCEDURE 1 i , Attorney Cit Attorney Department of Transportation CERTIFIED AS TO FUNDS AND PROCEDURE District Account' g Officer I I 1 (PP:jt\wb\10-233) I i Dis't`rict 2 g A reement No. 02D462 � Page 9 of 9 EXHIBIT A Estimate of Cost I Total Est Cityls Staters Description Cost Share Share Roadwork Cost $ 20, 000 $ 0 $ 20, 000 Signals Cost 316, 000 132 , 000 183, 280 Street Lighting Cost 45 , 000 45, 000 0 Subtotal $381, 000 $177 ,720 $203 , 280 f Engineering Cost - Signals Prelim Engr @ 13% of Signal Const Cost $ 41, 080 $ 17 , 254 $ 23 , 826 Const Engr @ 16% of Signal Const Cost 50, 560 21, 235 29, 325 Subtotal $ 91, 640 $ 38,489 $ 53, 151 Engineering Cost - Roadwork Prelim Engr @ 13% of Roadwork Const Cost $ 2 , 600 $ 0 $ 2 , 600 Const Engr @ 16% of Roadwork Const Cost 3 , 200 0 3 , 200 Subtotal $ 5,800 $ 0 $ 5,800 t Engineering Cost - Lighting Prelim Engr @ 13% of Street Lighting Cost $ 5, 850 $ 5,850 $ 0 i Const Engr @ 16% of Street Lighting Cost 7 , 200 7, 200 0 Subtotal $ 13, 050 $ 13 , 050 $ 0 TOTAL (Incl Enqr Cost) $491,490 $229,259 $262,231 9 i I I