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HomeMy WebLinkAboutReso. 1988-422 - Approving cooperative agreement no. 02b588 RESOLUTION NO. 3g- y�.Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING COOPERATIVE AGREEMENT NO. 02B588 BETWEEN THE CITY OF REDDING AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, FOR A TRAFFIC CONTROL SIGNAL, SAFETY LIGHTING, AND ROADWORK AT THE INTERSECTION OF CATERPILLAR ROAD WITH STATE HIGHWAY ROUTE 273 , AND AUTHORIZING THE MAYOR TO SIGN SAME. 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. 02B588 , a true copy of which is attached hereto and incorporated herein. 2 . That the City Council supports the project for programming in the State Transportation Improvement Program (STIP) . 3 . 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 6th day of December , 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. 'MA RICE JOHANNESSEN, Mayor City of Redding ATTEST: FO')'PPROVED: ETHEL A. NICHOLS, City Clerk RAI ,ALL A. HAYS, City Attorney 411 02-Sha-273-PM 19.8 351 - 257510 Route 273 at Caterpillar Rd. Agreement No. 02B588 Page 1 of 10 COOPERATIVE AGREEMENT 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" RECITALS (1) STATE and CITY contemplate installing traffic control signal, safety lighting and performing roadwork at the intersection of Caterpillar Road 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, con- structed, 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" . (3) It is anticipated that Federal-Aid Urban Funds will be allocated for financing 43 .22% of the construction, con- struction engineering, and preliminary engineering costs which are eligible for Federal-Aid participation, and STATE and CITY will bear the remainder of the costs as set forth herein. District 2 Agreement No. 02B588 Page 2 of 10 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 on Exhibit A, attached and made a part of this Agreement. (2) If a consultant is used to prepare plans and specifications and administer a construction contract for PROJECT, to follow the Consultant Selection Procedures for Federally Funded Highway Projects specified in Volume I, Section II of STATE'S current Local Programs Manual . (3) To identify and locate all high and low risk underground 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. (4) To apply for necessary encroachment permits for required work within State Highway rights of way in accordance with STATE'S standard permit procedures. (5) That PROJECT will be advertised, awarded, and administered in accordance with STATE'S current Local Programs Manual, Volume II . (6) To construct the PROJECT in accordance with plans and specifications of CITY to the satisfaction of and subject to the approval of STATE. (7) To pay an amount equal to 6.78% of signal-related construction costs as shown on Exhibit A. In no event shall CITY'S obligation for construction costs under this Agreement, excluding costs referred to in Section III, Article (12) , exceed the amount of $11, 700. 00 provided that CITY may, at its sole discretion, in writing, authorize a greater amount. • i 4 • District 2 Agreement No. 02B588 Page 3 of 10 (8) 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, includ- ing resolution of any construction related claims which may have been filed by CITY 'S contractor, 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 obliga- tion pursuant to this Agreement, subject to the limitations of STATE'S participation as stipulated in said Section II, Article (1) . (9) Upon completion of PROJECT, to furnish STATE a complete set of full-sized, film-positive, reproducible as-built plans. (10) To reimburse STATE for CITY'S proportionate share of the cost of maintenance of said traffic control signal and safety lighting, such share to be an amount equal to 50% of the total maintenance costs, including electrical energy costs. (11) 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 FHWA payment of final voucher, or four (4) years from date of final payment under the contract, whichever is longer, all records and accounts relating to construction of the PROJECT. SECTION II STATE AGREES: (1) To deposit with CITY within 25 days of receipt of billing therefore (which billing may be forwarded immediately following CITY'S bid advertising date of a construction contract for PROJECT) the amount of $199,950. 00, which figure represents STATE'S estimated share of the expense of preliminary engineer- ing, construction engineering, and construction costs required to complete PROJECT, as siown on Exhibit A. STATE'S total obliga- tion for said anticipated project costs under this Agreement shall not exceed the amount of $229, 950. 00, excluding costs referred to in Section III, Article (12) . 411 District 2 Agreement No. 02B588 Page 4 of 10 (2) STATE'S share of the construction costs (estimated to be $155, 000. 00) shall be an amount equal to 50% of the total actual signal and lighting-related construction costs plus STATE'S share of the actual roadwork construction costs, includ- ing the cost of construction-related claims and the cost of CITY defense of any of those claims, 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 67. 4% of the CITY'S actual costs for preliminary engineering for the entire PROJECT. (4) STATE'S share of the expense of construction engineering shall be an amount equal to 67 .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 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 STATE'S financial obligation pursuant to this Agreement, provided that STATE 'S total 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 50% of the total maintenance costs, including electrical energy costs. (7) To operate the traffic control signal 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 $7, 000. 00 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. District 2 Agreement No. 02B588 Page 5 of 10 (11) To provide a State Project Coordinator to coordinate and promptly review the work of CITY and its con- sultants, if any, during the preparation of PS&E for PROJECT. 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. 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 Federal funds or STATE gas tax funds, all applicable laws, regu- lations, and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. (3) That construction by CITY of improvements referred 1 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 therefore. Receipt by CITY of CITY 'S contract plans signed by STATE shall constitute STATE 'S acceptance of and official approval of said plans. (4) That CITY will obtain the aforesaid Encroachment Permit through the office of STATE 'S District 2 Permit Engineer and that CITY'S application therefore shall be accompanied by reproducible tracings of aforesaid STATE-approved contract plans. 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. CITY 'S authorization to proceed with said work shall, however, be con- tingent upon CITY'S compliance with all provisions set forth in said Encroachment Permit. District 2 Agreement No. 02B588 Page 6 of 10 (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. (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 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 less than $1, 000, 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 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 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 $19, 500. 00. (11) If termination of this Agreement is by mutual agreement, STATE will bear 50% and CITY will bear 50% of all costs incurred prior to termination, with total costs not to exceed $19, 500. 00. (12) If existing public and/or private utilities con- flict with the construction of the 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 CITY must • • District 2 Agreement No. 02B588 Page 7 of 10 legally pay, STATE and CITY will share in the cost of said pro- tection, relocation or removal, plus cost of engineering overhead and inspection, in the amount of 50% STATE and 50% CITY. If any protection, relocation or removal of utilities is required, such work shall be performed in accordance with STATE policy and pro- cedure. 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 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. 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 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 connec- tion 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 representa- tive, if it so desires, and that said representative and Resident • � . District 2 Agreement No. 02B588 Page 8 of 10 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 the costs referred to herein are only "matching funds" based on the assumption that Federal-Aid Urban Funds will be allocated for financing approximately 43 . 22% of the costs as shown on Exhibit A. ,In the event that Federal-Aid participation is not secured or is less than 43.22% of the cost, this Agreement may be terminated mutually or by either party at any time prior to the award of a construction contract, or alter- natively each party's participation may be renegotiated to "make up" for the loss of Federal funds. If termination occurs, costs shall be limited to the sums set in Articles (10) of (11) or this Section III. (19) 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 31, 1990, whichever is earlier in time; however, the ownership, operation, and maintenance clauses shall remain in effect until terminated or modified, in writing, by mutual agree- ment. Should any construction-related claim arising out of this project be asserted against CITY, STATE agrees to extend the ter- mination date of this Agreement and provide additional funding as required to cover STATE'S proportionate share of costs or execute a subsequent agreement to cover those eventualities. AI • District 2 Agreement No. 02B588 Page 9 of 10 STATE OF CALIFORNIA CITY OF REDDING Department of Transportation ROBERT K. BEST Director of Transportation By Mayor By District Director Attest: City Clerk I APPROVED AS TO FORM AND PROCEDURE: Attorney, Department of Transportation CERTIFIED AS TO FUNDS AND PROCEDURE: District Acc un ing Officer 411 411 02-Sha-273-PM 19 . 8 351 - 257510 Agreement No. 02B588 Page 10 of 10 EXHIBIT A ESTIMATE OF COST TOTAL EST FAU CITY STATE'S DESCRIPTION COST (43 .22%) SHARE SHARE Construction Cost Signals $150, 000 $ 64,830 $ 10, 170 $ 75, 000 Roadwork 80,000 0 0 80, 000 Subtotal $230, 000 $ 64, 830 $ 10, 170 $155, 000 ' Engineering Cost - Signals 1 Prelim Engr (Nonlabor) 1.8% of Const Cost $ 2 ,700 $ 1, 167 $ 183 $ 1, 350 Prelim Engr (Labor only) 7 . 5% of Const Cost 11, 250 4, 862 763 5, 625 Prelim Engr (Overhead) 49% of 7 . 5% - 3 . 7% of Const Cost 5, 550 0 2 , 775 2 , 775 Const Engr (Nonlabor) 3 . 6% of Const Cost 5, 400 2, 334 366 2 , 700 Const Engr (Labor only) 8. 3% of Const Cost 12, 450 5, 381 844 6, 225 Const Engr (Overhead) 49% of 8 . 3% - 4. 1 of Const Cost 6, 150 0 3 , 075 3 , 075 Subtotal $ 43 , 500 $ 13 , 744 $ 8, 006 $ 21, 750 Engineering Cost - Roadwork Prelim Engr @ 13% Overhead included $ 10, 400 0 0 $ 10, 400 Const Engr @16% Overhead included 12 , 800 0 0 12 , 800 Subtotal $ 23 , 200 0 0 $ 23 , 200 TOTAL (Excl Engr Cost for Roadwork) $273 , 500 $ 78, 574 $ 18, 176 $176, 750 TOTAL (Incl Engr Cost for Roadwork) $296, 700 $ 78, 574 $ 18, 176 $199, 950