HomeMy WebLinkAboutReso. 1989-023 - Approving cooperative agreement no. 02b615I
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RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING COOPERATIVE AGREEMENT NO. 02B615 FOR THE UPGRADING
OF TRAFFIC SIGNAL CONTROLLERS IN THE CENTRAL BUSINESS
DISTRICT ALONG STATE ROUTES 273 AND 299 , AND AUTHORIZING THE
MAYOR TO SIGN SAME.
WHEREAS, the State of California, acting by and through its
Department of Transportation, and the City of Redding contemplate
upgrading traffic control signal systems at various locations in
the central business district along State Routes 273 and 299 ; and
WHEREAS, it is necessary for the State and City to enter
into an agreement of understanding of the roles and obligations
of each in said project;
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. 02B615 , a
true copy of which is attached hereto and incorporated herein.
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.
riate.
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I HEREBY CERTIFY that the foregoing Resolution pertaining to
State/City Co-Operative Agreement No. 02B615 was introduced and
read at a regular meeting of the City Council of the City of
Reddingon the 17th dayof
January 1989 , and was duly adopted
at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Buffum, Dahl , Fulton, & Johannessen
NOES: COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS : Carter
ABSTAIN: COUNCIL MEMBERS : None
K. MAURICE JOHANNESSEN, Mayor
City of Redding
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ATTEST:
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ETHEL A. NICHOLS, City Clerk
FORM::PPROVED:
RA0DALL A. HAYS , City Attorney
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02-Sha-273, 299-16. 2/17. 0-
23 .8/R24.4
351 - 270900
Route 273 and Route 299 at
Various Locations
Agreement No. 02B615
Page 1 of 8
COOPERATIVE AGREEMENT
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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"
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RECITALS
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(1) STATE and CITY contemplate upgrading a traffic
control signal system at the intersections of South Street (two) ,
Sacramento Street (two) , Placer Street (two) , Yuba Street (two) ,
Butte Street, Tehama Street (three) , Shasta Street, Gold Street,
and Trinity Street with State Highway Route 273 and at the inter-
sections of Court Street, California Street, Market Street, and
East Street (two) with State Highway Route 299 referred to herein
as "PROJECT", and desire to specify the terms and conditions
under which PROJECT is to be engineered, constructed, financed,
and maintained.
(2) It is anticipated that Federal-Aid Urban Funds
will be allocated for financing 36. 3% of the construction,
construction engineering, and preliminary engineering costs which
are eligible for Federal-Aid
g participation, and STATE and CITY
will bear the remainder of the costs as set forth herein.
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District 2
Agreement No. 02B615
Page 2 of 8
SECTION I
' � STATE AGREES:
' ' (1) To provide all necessary preliminary engineering, �h
including plans and specifications, and all necessary construc-
tion engineering services for the PROJECT and to bear STATE'S
share of the expense thereof, as shown on Exhibit A attached and
made a part of this Agreement.
(2) To construct the PROJECT by contract in accordance
with the plans and specifications of STATE.
(3) To pay an amount equal to 58% of the PROJECT con-
I struction costs, as shown on Exhibit A, but in no event shall
!i! STATE'S total obligation for PROJECT construction costs, under
this Agreement, excluding costs referred to in Section III,
l;' Article (9) , exceed the amount of $133 , 400. 00; provided that
STATE may, at its sole discretion, in writing, authorize a
greater amount.
II (4) Upon completion of PROJECT and all work incidental
thereto, to furnish CITY, with a detailed statement of the por-
tion of the engineering and construction costs to be borne by
CITY, including resolution of any claims which may be filed by
STATE 'S contractor, and to refund to CITY promptly after com-
e pletion of STATE 'S audit any amount of CITY 'S deposit required in
Section II, Article (1) remaining after actual costs to be borne
by CITY have been deducted, or to bill CITY for any additional
amount required to complete CITY'S financial obligations pursuant
to this Agreement.
1 ' (5) To maintain the entire traffic control signal
system as installed and pay an amount equal to 58% of the total
4; maintenance costs, including electrical energy costs.
iii (6) To operate the traffic control signal system as
I installed and pay 100% of the operation cost.
(7) 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
equipment is $100, 000. 00 and this amount shall be deducted from
the deposit amount referred to in Section I, Article (3) above.
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District 2
Agreement No. 02B615
Page 3 of 8
SECTION II
CITY AGREES:
(1) To deposit with STATE within 25 days of receipt of
billing therefore (which billing will be forwarded immediately
following STATE'S bid advertising date of a construction contract
for PROJECT) the amount of $20, 368. 00, which figure represents
CITY'S estimated share of the expense of preliminary engineer-
ing, construction engineering, and construction costs required to
complete the PROJECT, as shown on Exhibit A. CITY 'S total obli-
gation for said anticipated project costs exclusive of claims and
excluding costs referred to in Section III, Article (9) , under
this Agreement shall not exceed the amount of $23, 423 . 00; pro-
vided that CITY may, at its sole discretion, in writing,
authorize a greater amount.
(2) CITY'S share of the construction cost (estimated
to be $11,400. 00) , shall be an amount equal to 5. 7% of the total
actual construction cost, including the cost of claims, the cost
of STATE defense of any claims and the cost of STATE-furnished
material, if any, as determined after completion of work and upon
final accounting of costs.
(3) CITY'S share of the expense of preliminary
engineering shall be an amount equal to 42% of CITY'S share of
the actual final construction cost calculated prior to any
Federal-Aid payment; however, CITY'S cost will be reduced by
CITY'S share of Federal-Aid payment.
(4) CITY 'S share of the expense of construction
l• engineering shall be an amount equal to 42% of CITY'S share of
the actual construction cost, calculated prior to any Federal-Aid
payment; however, CITY'S cost will then be reduced by CITY 'S
share of Federal-Aid payment.
(5) To pay STATE upon completion of all work and
within 20 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 CITY 'S financial
obligation pursuant to this agreement.
(6) To reimburse STATE for CITY'S proportionate share
of the cost of maintenance of said traffic control signal system,
such share to be an amount equal to 42% of the total maintenance
costs, including electrical energy costs.
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District 2
Agreement No. 02B615
Page 4 of 8
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 the PROJECT be financed with
Federal funds or STATE gas tax funds all applicable procedures
I 'I and policies relating to the use of such funds shall apply
notwithstanding other provisions of this Agreement.
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(4) After opening of bids CITY'S estimate of cost will
be revised based on actual bid prices. CITY 'S required deposit
Ih' under Section II, Article (1) above will be increased or de-
Ij creased to match said revised estimate. If deposit increase or
decrease is less than $1, 000 no refund or demand for additional
deposit will be made until final accounting.
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(5) After opening bids for the PROJECT and if bids
indicate a cost overrun of no more than 15% of the estimate will
occur, STATE may award the contract.
(6) If, upon opening 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
li upon, this Agreement shall be deemed to be terminated by mutual
11 consent pursuant to Article (8) of this Section III .
(7) Prior to award of the construction contract for
the PROJECT, CITY may terminate this Agreement by written notice,
provided that CITY pays STATE for all costs incurred by STATE.
(8) If termination of this Agreement is by mutual
consent, STATE will bear 58% and CITY will bear 42% of all costs
incurred prior to termination, except that any utility relocation
costs shall be prorated in accordance with STATE'S/CITY'S
responsibility for utility relocation costs.
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District 2
Agreement No. 028615
Page 5 of 8
(9) If existing public and/or private utilities con-
flict with the construction of the PROJECT, STATE will make all
necessary arrangements with the owners of such utilities for
their protection, relocation or removal. STATE will inspect the
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 pro-
Itection, relocation or removal, plus cost of engineering overhead
and inspection, in the amount of 58% STATE and 42% CITY. Re-
quired protection, relocation or removal of utilities shall be
performed in accordance with STATE policy and procedure.
(10) Upon completion of all work under this Agreement,
ownership and title to all signals, materials, equipment and
appurtenances installed PP will automatically be vested in the
STATE, and no further agreement will be necessary to transfer
ownership to the STATE.
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(11) 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.
(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 anywork, authorityor
jurisdiction delegated to
itCITY 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 connec-
tion 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 dele-
gated to CITY under this Agreement. It is also agreed that, pur-
suant to Government Code Section 895. 4 , STATE shall fully indem-
nify
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 con-
nection with any work, authority or jurisdiction not delegated to
CITY under this Agreement.
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District 2
Agreement No. 02B615
Page 6 of 8
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(14) That, in the construction of said work, STATE
will furnish a representative to perform the functions of a
Ii , Resident Engineer, and CITY may, at no cost to STATE, furnish a
I ' 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 . li
(15) That execution of this Agreement by CITY grants 'ff
to STATE the right to enter upon CITY owned lands to construct
the PROJECT referred herein.
(16) The costs referred to herein cover only "matching
funds" based on the assumption that Federal-Aid Urban Funds will
til be allocated for financing approximately 36. 3% of the costs as
shown on Exhibit A. In the event that Federal-Aid participation
is not secured, this Agreement may be terminated by either party
at any time prior to the award of a construction contract, or
alternatively, each party's participation may be renegotiated to
"make up" for the loss of Federal funds.
Ii (17) That this Agreement shall terminate upon com-
pletion and acceptance of the PROJECT construction contract by
STATE or on December 31, 1990, whichever is earlier in time;
however, the ownership and maintenance clauses shall remain in
effect until terminated, in writing, by mutual agreement. Should
any claim arising out of this project be asserted against STATE,
CITY agrees to extend the termination date of this Agreement and
provide additional dditional funding as required to cover CITY'S propor-
tionate share of costs or execute a subsequent agreement to cover
those eventualities.
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District 2
Agreement No. 02B615
Page 7 of 8
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STATE OF CALIFORNIA
CITY OF REDDING
Department of Transportation
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ROBERT K. BEST
Director of Transportation
By
Mayor
By
District Director
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Attest:
City Clerk
APPROVED AS TO FORM AND PROCEDURE:
Attorney, Department of Transportation
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CERTIFIED AS TO FUNDS AND PROCEDURE:
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District Accounting Officer
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02-Sha-273 , 299-16. 2/17 . 0-
23 . 8/R24 . 4
1^.. 351 - 270900
Agreement No. 02B615
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Page 8 of 8
EXHIBIT A
ESTIMATE OF COST
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TOTAL EST FAU CITY 'S STATE 'S
ij DESCRIPTION COST (36. 3%) SHARE SHARE
H Construction Cost
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j Signals
$200, 000 $ 72, 600 $ 11,400 $116, 000
i Roadwork 0 0 0 0
1. Subtotal $200, 000 $ 72, 600 $ 11,400 $116, 000
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1j1 Engineering Cost - Signals
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1 [11 Prelim Engr (Nonlabor)
', 1.8% of Const Cost $ 3 , 600 $ 1, 307 $ 205 $ 2 , 088
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Prelim Engr (Labor only)
7. 5% of Const Cost 15, 000 5, 445 855 8, 700
I ! Prelim Engr (Overhead)
49% of 7 . 5% =
I 3 . 7% of Const Cost 7 , 400 0 3 , 108 4 , 292 I`
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Const Engr (Nonlabor)
1 ' I 3 . 6% of Const Cost 7, 200 2 , 614 410 4 , 176
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;I Const Engr (Labor only)
I " 8 . 3% of Const Cost 16, 600 6, 026 946 9, 628
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{ ", Const Engr (Overhead)
49% of 8 . 3% =
4 . 1% of Const Cost 8 , 200 0 3 , 444 4, 756
III Subtotal $ 58, 000 $ 15, 392 $ 8, 968 $ 33 , 640
Engineering Cost - Roadwork
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Prelim Engr @ 13%
11 Overhead included 0 0 0 0
I• Const Engr @ 16%
Overhead included 0 0 0 0
i Subtotal 0 0 0 0
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i , TOTAL (Excl Engr Cost
k for Roadwork) $258, 000 $ 87, 992 $ 20, 368 $149, 640
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TOTAL (Incl Engr Cost
" for Roadwork) $258, 000 $ 20 368
I p1, , $ 87, 992 $149, 640
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