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HomeMy WebLinkAboutReso 1990-064 - Approving cooperative agreement NO. 02-SHA-5R13.95 411 411. RESOLUTION NO. 9O-LV A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING COOPERATIVE AGREEMENT NO. 02-SHA-5-R13 . 95 , 02800-260141 , FOR THE HARTNELL OVERCROSSING (BRIDGE NO. 6-124) BETWEEN THE CITY OF REDDING AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, AND AUTHORIZING THE MAYOR TO SIGN SAME. WHEREAS , the Redding Redevelopment Agency is providing funding to widen Hartnell Avenue from Bechelli Lane to Churn Creek Road; and WHEREAS , the source of said funding for the construction project is Redding Redevelopment Agency tax increment funds and bond proceeds, which shall be carried over to the 1990-91 fiscal year; and WHEREAS , the first phase of the two-phase construction project was completed in November of 1989 ; and WHEREAS, the design of the second phase, widening of the bridge crossing over I-5 , is complete and approved for advertising by Cal-Trans; and WHEREAS, it is necessary for Cal-Trans and the City of Redding to enter into an agreement defining the responsibilities of both parties during the course of said widening of the bridge crossing over 1-5 . NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows : 1 . That the City Council of the City of Redding hereby • •. approves the above-mentioned Cooperative Agreement No. 02-Sha-5-R13 .95 , 02800-260141 , a true copy of which is attached hereto and incorporated herein, and to which any changes or modifications shall be authorized by subsequent Resolution. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Cooperative Agreement on behalf of the City Council 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 on the aforesaid document, when appropriate. I HEREBY CERTIFY that the foregoing Resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 6th day of February , 1990 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS : Buffum, Dahl , Fulton, Johannessen, & Carter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS : None SCOTT CARTER, Mayor City of Redding ATTEST: ETHEL A. NICHOLS , City Clerk FORM PROVED: RA 'DALL A. HAYS , Ci y Attorney -2- .. 111 02-Sha-5-R13 . 95 02800 - 260141 Hartnell Overcrossing (Bridge No. 6-124) District Agreement No. 02D007 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 the CITY OF REDDING a body politic and a municipal corporation of the State of California, referred to herein as CITY • S, RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to STATE highways within the City of Redding. 2 . CITY desires to construct STATE highway improvements consisting of widening Hartnell Avenue overcrossing on Route 5 at PM R13.95, referred to herein as PROJECT, and is willing to fund 100 percent of all capital outlay and staffing costs, except that costs of STATE's oversight of construction activi- ties will be borne by STATE. 3 . CITY desires to prepare the contract documents and advertise, award and administer the construction contract for PROJECT in order to bring about the earliest possible completion of PROJECT. 4 . STATE is agreeable to CITY's proposal to prepare the contract documents and advertise, award, and administer the construction contract for project. 5. Upon completion of PROJECT to STATE requirements, all improve- ments within STATE rights of way will become property of STATE. 6. The parties hereto intend to define herein the terms and condi- tions under which PROJECT is to be constructed, financed and maintained. SECTION I CITY AGREES: 1. To advertise, award and administer the construction contract for PROJECT in accordance with the requirements of the Local Agency Public Construction Act and the California Labor Code, including its prevailing wage provisions. 2 . To apply for necessary encroachment permits for required work within STATE highway rights of way in accordance with STATE ' s standard permit procedures, as more specifically defined in Articles (2) , (3) , (4) and (5) of -Section III of this Agree- ment. 3 . To take full responsibility for disposition of all public util- ities required by PROJECT. Any utility relocation shall be performed to the reasonable satisfaction of the utility com- panies, in compliance with STATE's highway encroachment policy and any special provisions of the environmental clearance for 2 • .. this PROJECT, and agreed to prior to start of construction of PROJECT. 4 . To acquire and convey to STATE, fee title to all necessary rights of way, free and clear of all liens, encumbrances, or legal action detrimental to STATE's present and future use of Interstate 5. Title shall be granted to STATE prior to accep- tance of PROJECT by STATE for maintenance. Acceptance of said title by STATE is subject to review of a Policy of Title Insur- ance in STATE's name provide by CITY. 5. To provide to STATE prior to STATE's granting an encroachment permit, a Right of Way Certification affirming that legal and physical control of all necessary rights of way has been obtained and that CITY 's title to said rights of way is free and clear of all encumbrances detrimental to STATE 's interest. 6. To require that the construction contractor furnish both a payment and performance bond in CITY ' s name with both bonds complying with the requirements set forth in Section 3-1. 02 of STATE's current Standard Specifications. 7 . To construct PROJECT in accordance with plans and specifica- tions of CITY to the satisfaction of and subject to the approval of STATE. 8. Contract administration procedures shall conform to the requirements set forth in STATE' s Construction Manual, Local Programs Manual and encroachment permit for construction of PROJECT. 9. Construction within the STATE right of way shall comply with the requirements in STATE's Standard Specifications and PROJECT Special Provisions, and in conformance with methods and prac- tice specified in STATE's Construction Manual. 10. Material testing and quality control shall conform to the State Construction Manual, the State Material Testing Manual , and be performed, at CITY expense, by a certified material testing consultant acceptable to STATE. Independent assurance testing, specialty testing, and off-site source testing will be per- formed by STATE at no cost to CITY. Approval of asphalt and concrete plants shall be by STATE. 11. To furnish a field site representative, to be approved by STATE prior to issuance of CITY's encroachment permit, who is a licensed Civil Engineer in the State of California, to perform the functions of a Resident Engineer. The Resident Engineer shall be a public employee if any Federal funds are being used to finance said PROJECT. If the PROJECT plans and specifica- tions were prepared by a private design consultant, the Resi- dent Engineer shall not be an employee of that consultant. The 3 •. 411 Resident Engineer shall also be independent of the construction contractor. 12. To pay 100 percent of the actual costs of construction required for satisfactory completion of PROJECT, including changes pur- suant to contract change orders approved by the STATE repre- sentative. If CITY terminates PROJECT prior to completion of the construction contract, STATE, at its option, may require CITY at CITY's cost, to return right of way to its original condition or to a condition of acceptable permanent operation. 13. To furnish support staff, subject to approval of STATE, to assist the Resident Engineer in, but not limited to, construc- tion surveys, soils and foundation tests, measurement and com- putation of quantities, testing of construction materials, checking shop drawings, preparation of estimates and reports, preparation of as-built drawings, and other inspection and staff services necessary to assure that the construction is being performed in accordance with the plans and specifica- tions. Said qualified staff support shall be independent of the design engineering company and construction contractor. If requested by CITY, the design consultant may check the shop drawings. 14. To make the progress payments to the contractor using CITY funds and pay all costs for required staff services as described in Articles (11) and (13) above of this Section I . 15. Within sixty (60) days following the completion and acceptance of the PROJECT construction contract, to furnish STATE a com- plete set of acceptable full-sized film positive reproducible as-built plans and all contract records. 16. Upon completion of work under this Agreement, CITY will assume maintenance and the expense thereof for any part of the PROJECT located outside of current STATE right of way until acceptance of any such part of the PROJECT into the STATE highway system by STATE, approval by the Federal Highway Administration, if required, and conveyance of acceptable title to STATE. SECTION II STATE AGREES: 1. To issue, at no cost to CITY and CITY's contractor upon proper application by CITY and by CITY's contractor, the necessary encroachment permits for required work within the STATE highway rights of way, as more specifically defined in Articles 2 , 3 , 4, and 5 of Section III of this Agreement. 4 • •. 2. To provide, at no cost to CITY, a qualified STATE representa- tive who shall have authority to accept or reject work and materials or to order any actions needed for public safety or the preservation of property and to assure compliance with all provisions of the encroachment permit issued to CITY and to CITY's contractor. SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are contingent upon the appropriation of resources by the Legisla- ture and the allocation of resources by the California Trans- portation Commission. 2. Construction by CITY of improvements referred to herein which lie within STATE highway rights of way or affect STATE facili- ties, shall not be commenced until CITY 's original contract plans involving such work and plan for utility relocations have been reviewed and accepted by signature of STATE 's District Director of Transportation, or the District Director' s dele- gated agent, and until an encroachment permit to CITY authoriz- ing such work has been issued by STATE. 3. CITY will obtain aforesaid encroachment permit through the office of STATE District Permit Engineer and CITY 's application shall be accompanied by seven (7) sets of reduced construction plans of aforesaid STATE-approved contract plans and seven (7) copies of approved special revisions. Receipt by CITY of the approved encroachment permit shall constitute CITY 's authoriza- tion from STATE to proceed with work to be performed by CITY or its consultants within proposed STATE rights of way or which affects STATE facilities, pursuant to work covered by this Agreement. CITY 's authorization to proceed with said work shall be contingent upon CITY 's compliance with all provisions set forth in this Agreement and said encroachment permit. 4. CITY's construction contractor will also be required to obtain an encroachment permit from STATE prior to commencing any work within STATE rights of way or which affects STATE facilities. The application by CITY 's contractor for said encroachment per- mit shall be made through the office of STATE ' s District Permit Engineer and shall include proof said contractor has payment and performance surety bonds covering construction of PROJECT. 5 • • • 5. CITY shall not award a contract to construct any portion of PROJECT within the proposed STATE rights of way until after an encroachment permit has been issued to CITY by STATE. 6. CITY's construction contractor shall maintain in force, until completion and acceptance of their PROJECT construction con- tract, a policy of contractual liability insurance, including coverage of bodily injury liability and property damage lia- bility in accordance with Section 7-1. 12 of STATE Standard Specifications. Such policy shall contain an additional insured endorsement naming STATE, its officers, agents and employees as additional insureds. Coverage shall be evidenced by a Certificate of Insurance in a form satisfactory to STATE which shall be delivered to STATE before the issuance of an encroachment permit. 7 . Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement by written notice. 8. In construction of said work, representatives of CITY and STATE will cooperate and consult, and all work pursuant to PROJECT shall be accomplished according to the approved plans, specifi- cations and applicable STATE standards. Satisfaction of these requirements shall be verified by the STATE representative who shall have authority to accept or reject work and materials and to approve all contract change orders. The STATE representa- tive is authorized to enter CITY's property during construction for the purpose of monitoring and coordinating construction activities. 9. Changes to PROJECT plans and specifications shall be imple- mented by contract change orders approved by the STATE ' s repre- sentative. All changes affecting public safety or public con- venience, all design and specification changes, and all major changes as defined in the STATE's Construction Manual shall be approved in advance of performing the work. Unless otherwise directed by STATE 's representative, changes authorized as pro- vided herein will not require an encroachment permit rider. All changes shall be shown on the as-built plans. 10. CITY shall provide a claims process acceptable to STATE, and shall process any and all claims through CITY'S claim process . The STATE representative will be made available to CITY to pro- vide advice and technical input in any claim process. Said claims process shall include a provision for arbitration. 11. If existing public and/or private utilities conflict with the construction of PROJECT, CITY will make all necessary arrange- ments with the owners of such utilities for their protection, relocation or removal . CITY shall inspect the protection, relocation or removal of such facilities. If any protection, relocation or removal of utilities is required, such work shall 6 •, be performed in accordance with STATE policy and procedure for those utilities within STATE 's existing or proposed right of way and in accordance with CITY policy for those utilities out- side STATE's existing or proposed right of way. Total costs of such protection, relocation or removal shall be borne by CITY or others than STATE in accordance with the terms of the High- way Encroachment Permits, Case Law, Public Utility Regulations and Property Rights. CITY shall require any utility company performing relocation work in STATE's right of way to obtain a STATE encroachment permit prior to the performance of said relocation work. Any relocated or new utilities shall be cor- rectly located and identified on the as-built plans referred to in Article (15) of Section I . 12 . Pursuant to the authority contained in Section 591 of the Vehicle Code STATE has determined that within such areas as are within the limits of PROJECT and are open to public traf- fic, CITY shall comply with all of the requirements set forth in Divisions 11, 12 , 13 , 14, and 15 of the Vehicle Code. CITY shall take all necessary precautions for safe operation of CITY's vehicles, the construction contractor's equipment and vehicles and/or vehicles of the consultants retained by CITY and for the protection of the traveling public from injury and damage from such vehicles or equipment. 13 . Upon completion and acceptance of the PROJECT construction con- tract by CITY to the satisfaction of the STATE representative, STATE will accept control of and maintain, at its own cost and expense, those portions of PROJECT lying within STATE' s right of way including landscaping and irrigation system, except local roads delegated to CITY for maintenance. STATE will maintain at STATE expense, the entire structure (vehicular overcrossing) below the deck surface. 14 . Subject to paragraph 16, Section III of this agreement, CITY will accept control and maintain, at its own cost and expense, the portions of PROJECT lying outside the STATE's right of way. Also, CITY will maintain, at CITY expense, local roads within STATE's right of way delegated to CITY for maintenance and remaining portions of the structure, including the deck surface and above, as well as all traffic service facilities that may be required for the benefit or control of CITY street traffic. 15. Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances which are installed within STATE' s right of way will automatically be vested in STATE, and materials, equipment and appurtenances installed outside of STATE' s rights of way will automatically be vested in CITY, except that ownership and title to all sig- nal and lighting materials, equipment and appurtenances which are installed will be owned by STATE. No further agreement will be necessary to transfer ownership as hereinabove stated. 7 Ill • •, 16 . It is understood and agreed that neither STATE nor any officer of employee is responsible for any damage or liability occur- ring 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 understood and agreed that pursuant to Government Code Section 895. 4 , 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 or in account of injury (as defined in 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. 17 . It is understood and agreed that neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by STATE under or in connection with any work, authority or juris- diction delegated to STATE under this Agreement. It is under- stood and agreed that, pursuant to Government Code Section 895.4, STATE shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and des- cription 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 connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 18 . No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties here- to and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 8 • . • 19 . 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 31 , 1991, whichever is earlier in time; however, the ownership, operation, maintenance, and claims clauses shall remain in effect until terminated or modified in writing by mutual agreement. STATE OF CALIFORNIA CITY of REDDING Department of Transportation ROBERT K. BEST By Director of Transportation (Mayor) By Attest: District Director (City Clerk) Approved as to Form and Procedure Approved as to Form and Procedure Attorney Office of the City Attorney Department of Transportation Certified as to Funds and Procedure District Accounting Officer kap/wb/3-117 9