HomeMy WebLinkAboutReso.1988-394 - Approving cooperative agreement no. 02-sha-5-r13.95, 02800-26014g, for hartnell overcrossing RESOLUTION NO. ?8i99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING COOPERATIVE AGREEMENT NO. 02-SHA-5-R13 . 95 ,
02800-26014G, 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 Hartnell Bridge over I-5 is to be widened, and
the project is currently being designed; and
WHEREAS , the Redding Redevelopment Agency is funding the
project, and the City of Redding will provide construction
engineering services; and
WHEREAS , Cal-Trans is involved to the extent that the
project, in part, encroaches on State Freeway right-of-way, and a
Cal-Trans standard bridge is to be selected to facilitate its
approval; and
WHEREAS , it is necessary for Cal-Trans and the City of
Redding 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.
02-Sha-5-R13 . 95 , 02800-26014G, a true copy of which is attached
hereto and incorporated herein.
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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
introduced and read at a regular meeting of the City Council of
the City of Redding on the 1st day of November , 1988 , and was
duly adopted at said meeting by the following vote:
AYES : COUNCIL MEMBERS: Buffum, Carter, Dahl , Fulton, & Johannessen
NOES : COUNCIL MEMBERS : None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS : None
/
K. AgRICE/JOHANNESSEN, Mayor
City of Redding
ATTEST:
ETHEL A. NICHOLS , City Clerk
FORM ,'PROVED:
RA 'DALL A. HAY , C ty Attorney
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02—Sha-5—R13 .95
02800 — 26014G
Hartnell Overcrossing
(Bridge No. 6- 124 )
District Agreement No .
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 a municipal corporation
of the State of California, referred to
herein as CITY
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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.
(2) CITY desires State highway improvements consisting of
structure widening on Route 5 at Hartnell Avenue referred to
herein as "PROJECT" , and is willing to fund one hundred ( 100)
percent of all capital outlay and staffing costs, including costs
of STATE ' s project development review and coordination through
completion of PROJECT construction .
( 3) This Agreement supersedes the prior Memorandum of
Understanding (MOU) relating to PROJECT and executed by the CITY
on February 2, 1988.
( 4 ) Construction of said PROJECT will be the subject of a
separate future agreement .
( 5 ) The parties hereto desire to define herein the terms
and conditions under which said PROJECT will be developed and
designed and under which the STATE is to be reimbursed for review
and coordination costs .
SECTION I
CITY AGREES :
( 1 ) To fund one hundred ( 100 ) percent of all preliminary
engineering costs , including, but not limited to, costs for
preparation of contract documents and advertising and awarding
the PROJECT construction contract , costs of any right of way
oversight provided by STATE , and costs of STATE's project
development review and coordination through completion of PROJECT
construction .
( 2) To have a Project Report ( PR) , Environmental Document
(ED) , and detailed Plans , Specifications and Estimate ( PSE)
prepared at no cost to STATE and to submit each to STATE for
review and approval at appropriate stages of development. Final
plans shall be signed by a civil engineer registered in the State
of California .
( 3) If requested by STATE, to discontinue the services of
any consultant considered to be unqualified on the basis of
credentials, professional expertise, failure to perform in
accordance with scope of work and/or other pertinent criteria .
( 4 ) To deposit with STATE the sum of $50 , 000 , within twenty
(20) days after CITY execution of this Agreement and before
• •
commencement of project development activities, to cover the
estimated total review and coordination costs to be performed by
STATE throughout project development and construction , including
oversight of right of way activities. CITY further agrees to
make additional advance deposits if review and coordination costs
are expected to exceed the original deposit. STATE has no
obligation to perform any work should costs of STATE effort
exceed, at any time, the advance deposit of funds from CITY paid
to STATE .
( 5 ) CITY and/or consultants will be available to STATE
through completion of construction of PROJECT to discuss problems
which may arise during construction or to make design revisions
for contract change orders.
( 6) Not to use Federal-Aid funds for design of this
project .
(7) To make formal application to STATE for necessary
encroachment permits authorizing entry onto STATE 's right of way
to perform surveying and other investigative activities required
for preparation of the PR , ED and/or PS&E .
( 8) To reimburse STATE for traffic control cost associated
with this project when required within Interstate 5 right of
way.
( 9) To identify and locate all high and low risk under-
ground facilities within the project area, and protect or
otherwise provide for such utilities, all in accordance with
STATE 'S "Manual on High and Low Risk Underground Facilities
Within Highway Rights of Way" .
( 10) If any existing public and/or private utilities
conflict with the construction of project, CITY will make all
necessary arrangements with the owners of such utilities for
their protection, relocation, or removal . CITY will inspect
the protection, relocation , or removal , and if there are costs of
such protection, relocation , or removal which STATE and/or CITY
must legally pay, CITY will bear the cost of said protection ,
relocation, or removal , plus cost of engineering overhead and
inspection. If any protection, relocation , or removal of
utilities is required, such work will be performed in accordance
with STATE policy and procedure for those within STATE ' s right of
way and in accordance with CITY policy for those outside STATE ' S
right of way.
( 11 ) To furnish evidence to STATE, in a form acceptable to
STATE , that arrangements have been made for the protection ,
relocation , or removal of all conflicting utilities within the
STATE 'S right of way and that such work will be completed prior
to the award of the contract or as covered in the Special
Provisions. This evidence shall include a reference to all
required State highway encroachment permits .
• •
( 12) To relocate utility facilities within STATE 'S right of
way to STATE specifications per STATE' s Encroachment Manual and
the Manual on High and Low Risk Underground Facilities Within
Highway Rights of Ways.
( 13) To comply with the terms and conditions of the Highway
Encroachment Permits, existing California Law including Statutory
and Case Law, and all existing property rights when determining
liability for utility relocation costs.
( 14) To perform all right of way activities at no cost to
STATE in accordance with procedures acceptable to STATE, and in
compliance with all applicable State and Federal laws and
regulations, subject to STATE oversight , to assure that the
completed work is acceptable for incorporation into the State
Highway System.
( 15) To utilize the services of a qualified local public
agency in all R/W acquisition related matters in accordance with
STATE procedures as contained in R/W Procedural Handbook , Vol—
ume 9 . If outside right of way consultants are employed ,
administration of the consultant contract shall be performed by
qualified public agency employees .
( 16) To certify legal and physical control of rights of way
ready for construction , and that all rights of way were acquired
in accordance with applicable State and Federal laws and regula—
tions subject to review and concurrence by STATE prior to the
advertisement for bids for construction of PROJECT.
( 17) To deliver to STATE legal title to the right of way ,
free and clear of all encumbrances detrimental to STATE ' S present
and future uses not later than the date of acceptance by the
STATE of maintenance and operation of the highway facility.
( 18) If additional right of way is required , to acquire all
necessary additional right of way that will permit full posses—
sion and control of said right of way , and transfer it in fee to
STATE, at no cost to STATE, and subject to prior examination and
acceptance by STATE of the degree of title to be conveyed to
STATE. Full possession and control shall be obtained prior to
advertising the PROJECT for construction, in the event title has
not passed .
SECTION II
STATE AGREES:
( 1 ) To provide prompt reviews and approvals as appropriate
of submittals by CITY , and to cooperate in timely processing
of the PROJECT .
4 •
(2) To provide oversight of all right of way activities
undertaken by CITY , or its designee , pursuant to this Agreement .
STATE oversight shall be performed at CITY cost .
( 3) To issue , upon proper application , an encroachment
permit to CITY authorizing entry by CITY staff and consultant ( s)
onto STATE ' s right of way to perform survey and other investiga—
tive activities required for preparation of the PR , ED and/or
PSE.
( 4) To prepare and submit signed itemized invoices quar—
terly, in triplicate, with specific details of all review and
coordination costs incurred during the period of the invoice.
Invoices may include requests for additional advance deposits if
review and coordination costs are expected to exceed the original
deposit specified in Section I , Article 4 .
(5 ) To submit a final report of expenditures within thirty
( 30) days after completion and acceptance of the construction
contract for PROJECT.
( 6) To return any CITY funds remaining on deposit with
STATE to cover STATE costs within thirty ( 30) days after
completion and acceptance of the construction contract for
PROJECT and delivery of acceptable title to the rights of way in
accordance with Section I , Article 16.
SECTION III
IT IS MUTUALLY AGREED :
( 1 ) That the costs to be charged CITY for STATE' s review
and coordination will include all direct and indirect costs
( functional and administrative overhead assessment ) attributable
to such work applied in accordance with STATE 's standard account—
ing procedures.
( 2) That this Agreement will continue through the project
construction phase to cover possible design review and
coordination costs .
( 3) It is understood that a separate Cooperative Agreement
will be required to cover responsibilities and reimbursement for
the PROJECT construction phase.
( 4 ) It is understood and agreed that neither STATE nor any
officer or employee thereof is responsible for any damage or
liability occurring by reasons of anything done or omitted to be
110
done by CITY under or in connection with any work, authority or
jurisdiction delegated to CITY under this Agreement . It is under-
stood 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 on
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 .
( 5 ) 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
jurisdiction delegated to STATE under this Agreement . It is
understood and agreed that , pursuant to Government Code Section
895 . 4 STATE shall defend , indemnify and save harmless the CITY
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 connection with
any work , authority or jurisdiction delegated to STATE under this
Agreement .
( 6 ) The parties hereto will carry out the PROJECT In
accordance with the Scope of Work, attached and made a part of
this Agreement , which outlines the specific responsibilities of
the parties hereto. The attached Scope of Work may in the future
be modified to reflect changes in the responsibilities of the
respective parties. Such modifications shall be concurred with
by CITY ' s Director of Public Works or other official designated
by CITY and STATE ' s Director for District 2 and become a part of
this Agreement as a supplement to this Agreement after execution
by the respective offices of the parties .
( 7) Prior to award of a construction contract , CITY may
terminate the PROJECT and this Agreement in writing, provided the
CITY reimburses STATE for all PROJECT costs incurred prior to
termination .
( 8) Except as otherwise provided in Article ( 8) above ,
this Agreement shall terminate upon completion and acceptance of
the construction contract for PROJECT or on June 31 , 1991 , which-
ever is earlier in time. Any STATE refunds due CITY shall be
determined after final accounting of costs .
•
III I .
STATE OF CALIFORNIA CITY OF REDDING
Department of Transportation
ROBERT K . BEST
Director of Transportation
By
Attest :
By (City Clerk)
Approved as to form and procedure
Fa*. APPROVED
Attorney , Department of Transportation CITY LEGAL DE' .
Certified as to funds and procedure
District Accounting Officer
RWK :ch
• •
02800 — 26014G
Hartnell Overcrossing
(Bridge No. 6- 124)
This Scope of Work outlines the specific areas of responsibility
for various project development activities for the proposed
widening of Hartnell Overcrossing from a 2—lane to a 4—lane
structure . Widening will be on both sides and use construction
methods not requiring falsework .
1 ) CITY will provide the necessary environmental clearance
for this project. CITY will perform all studies to
document the Categorical Exemption/Categorical Exclusion
(CE/CE) determination. STATE will sign the CE/CE deter—
mination sheet . If information is obtained which
requires the preparation of environmental studies and/or
an environmental clearance document , this Agreement will
be amended to include completion of these additional
tasks by CITY.
2) CITY and STATE concur that the proposal is a Category 5
as defined in STATE ' s Project Development Procedures
Manual .
3 ) CITY will submit drafts of environmental technical
reports , and of individual sections of the draft
environmental documents to STATE, as they are developed ,
for review and comment. Traffic counts and projections
to be used in the various reports shall be supplied by
STATE if available , or by the CITY. Existing traffic
data shall be furnished by CITY.
4 ) STATE will review, monitor , and approve all project
development reports , studies, and plans, and provide all
necessary implementation activities through advertising
of the project .
5 ) Existing freeway agreement need not be revised.
6) All phases of the project , from inception through
construction , whether done by CITY or STATE, will be
developed in accordance with all policies, procedures ,
practices, and standards that STATE would normally
follow.
7) Detailed steps in the project development process are
appended to this Scope of Work. This appendix is
intended as a /uide to STATE and CITY staff.
III
APPENDIX A: PLANNING PHASE ACTIVITIES
RESPONSIBILITY
PROJECT ACTIVITY STATE CITY
1 . ENVIRONMENTAL ANALYSIS & DOCUMENT PREPARATION
Establish Project Development Team (PDT) X X
Approve PDT X
Project Category Determination X
Prepare Preliminary Environmental
Assessment X
Identify Preliminary Alternatives and Costs X
Prepare and Submit Environmental Studies
and Reports X
Review and Approve Environmental Studies
and Reports X
Prepare and Submit Draft Environmental
Document (DED) X
Review DED in District X
2 . PROJECT STUDY REPORT
Prepare Existing Traffic Analysis X
Prepare Future Traffic Volumes for
Alternatives X
Prepare Layouts and Estimates for
Alternatives X
Prepare Operational Analysis for
Alternatives X
Prepare Project Study Report for Concept
Approval X
Review and Approve Project Geometries and
Operational Analysis Concepts X
Prepare Cooperative Agreement X
Request 0—Phase EA X
3. PROJECT APPROVAL
Certify ED in Accordance to City ' s
Procedures X
Prepare Draft Project Report ( DPR ) X
Finalize and Submit Project Report with
Certified ED for Approval X
Approve Project Report X
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APPENDIX B : DESIGN PHASE ACTIVITIES
RESPONSIBILITY
PROJECT ACTIVITY STATE CITY
1 . PRELIMINARY COORDINATION
Request 1 — Phase EA X
Field Review of Site X X
Provide Geometries X
Approve Geometries X
Obtain Surveys & Aerial mapping X
Obtain Copies of Assessor Maps and
Other R/W Maps X
Obtain Copies of As—Builts X
Send Approved Geometries to Local Agencies
for Review X
Revise Approved Geometries if required X
Approve Final Geometries X
Determine Need for Permits from
Other Agencies X X
Request Permits X
Initial Hydraulics Discussion with
District Staff X
Initial Electrical Design Discussion
with District Staff X
Initial Traffic & Signing Discussion
with District Staff X
Initial Landscape Design Discussion
with District Staff X
Plan Sheet Format Discussion X X
2. ENGINEERING STUDIES AND REPORTS
Prepare & Submit Materials Report
' & Typical Section X
Review and Approve Materials Report
& Typical Section X
Prepare & Submit Landscaping
Recommendation X
Review & Approve Landscaping
Recommendation X
Prepare & Submit Hydraulic Design Studies X
Review & Approve Hydraulic Design Studies X
Prepare & Submit Bridge General Plan &
Structure Type Section X
Review & Approve Bridge General Plan &
Structure Type X
3 . R/W ACQUISITION & UTILITIES
Request Utility Verification X
Request Preliminary Utility Relocation
from Utilities X
• • •
RESPONSIBILITY
PROJECT ACTIVITY STATE CITY
Prepare R/W Requirements X
Prepare R/W and Utility Relocation Cost
Estimates X
Submit R/W Requirements & Utility
Relocation Plans for Review X
Review and Comment on R/W Requirements X
Longitudinal Encroachment Review X X
Longitudinal Encroachment Application X
Approve Longitudinal Encroachment
Application X
Request Final Utility Relocation Plans X
Check Utility Relocation Plans X
Submit Utility Relocation Plans for
Approval X
Approve Utility Relocation Plans X
Submit Final R/W Requirements for Review
& Approval X
Fence and Excess Land Review X
R/W Layout Review X
Approve R/W Requirements X
Obtain Title Reports X
Complete Appraisals X
Review and Approve Appraisals for
Setting Just Compensation X
Prepare Acquisition Documents X
Acquire R/W X
— Open Escrows and Make Payments X
— Obtain Resolution of Necessity X
— Perform Eminent Domain Proceedings X
Provide Displacee Relocation Services X
Prepare Relocation Payment Valuations X
Provide Displacee Relocation Payments X
Perform Property Management Activities X
Perform R/W Clearance Activities X
Prepare and Submit Certification of R/W X
Review and Approve Certification of R/W X
Transfer R/W to STATE
— Approve and Record Title Transfer
Documents X
Prepare R/W Record Maps X
4 . PREPARATION OF PLANS , SPECIFICATIONS AND ESTIMATES
Prepare and Submit Preliminary Stage
Construction Plans X
Review Preliminary Stage Construction
Plans X
Calculate and Plot Geometries X
Cross Sections & Earthwork Quantities
Calculation X
Prepare and Submit Preliminary Estimate X
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RESPONSIBILITY
PROJECT ACTIVITY STATE CITY
Local Review of Preliminary Drainage Plans
and Sanitary Sewer and Adjustment Details X
Prepare & Submit Preliminary Drainage Plans X
Review Preliminary Drainage Plans X
Prepare Traffic Striping and Roadside
Delineation Plans and Submit for Review X
Review Traffic Striping and Roadside
Delineation Plans X
Prepare & Submit Landscaping and/or Erosion
Control Plans
Review Landscaping and/or Erosion Control
Plans X
Prepare & Submit Preliminary Electrical
Plans X
Review Preliminary Electrical Plans X
Prepare & Submit Preliminary Signing Plans X
Review Preliminary Signing Plans X
Quantity Calculations X
Safety Review X X
Prepare Specifications X
Prepare & Submit Checked Structure Plans X
Review & Approve Checked Structure Plans X
Prepare Final Contract Plans X
Prepare Lane Closure Requirements X
Review and Approve Lane Closure
Requirements X
Prepare & Submit Striping Plan X
Review & Approve Striping Plan X
Prepare Final Estimate X
Prepare & Submit Draft PS&E X
Review Draft PS&E X
Finalize & Submit PS&E to District X