HomeMy WebLinkAbout1991-04-09 - AGENDA REPORTS - COOPERATIVE AGREEMENT DESIGN (2)BACKGROUND
We have been working with Caltrans over the last year and one-half to accomplish
the widening of San Fernando Road. To date, the plans and specifications had
been submitted to them, and they are in the process of giving us approval to
begin advertising. Part of this process is the need for a Cooperative Agreement
between the State (Caltrans) and the City.
This agreement is a standard Caltrans agreement setting for the City and State's
duties relating to the project. The City is required to fund 3% of the
construction estimate, approximately $262,500, for the State's oversight of
design and right-of-way activities. The City Attorney's office has reviewed the
agreement, and their comments relate to protection to the City from carelessness
on the part of the State. We have discussed this with the project manager at
Caltrans and.he has indicated that revised wording protecting both the City and
the State would be acceptable and will be transmitted to us shortly. In
addition, there are references to funding which need modification in light of
the Los Angeles County Transportation Commission's funding source categories.
In order to keep on this accelerated time schedule for San Fernando Road, we are
recommending that the Council approve the agreement and authorize the Mayor to
sign it after the above-mentioned changes has been reviewed by the City Attorney.
The City Council approve and authorize the Mayor to sign the Cooperative
Agreement approved by the City Attorney for the subject project.
ATTACHMENT
Cooperative Agreement
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Agenda Item: ;U
AGENDA REPORT
City
Manager Approval
Item
to be presentedbfy-
NEW BUSINESS
John E Medina
DATE:
April 9, 1991
SUBJECT:
SAN FERNANDO ROAD
STATE/CITY DRAFT
COOPERATIVE AGREEMENT - DESIGN
DEPARTMENT:
Public Works
BACKGROUND
We have been working with Caltrans over the last year and one-half to accomplish
the widening of San Fernando Road. To date, the plans and specifications had
been submitted to them, and they are in the process of giving us approval to
begin advertising. Part of this process is the need for a Cooperative Agreement
between the State (Caltrans) and the City.
This agreement is a standard Caltrans agreement setting for the City and State's
duties relating to the project. The City is required to fund 3% of the
construction estimate, approximately $262,500, for the State's oversight of
design and right-of-way activities. The City Attorney's office has reviewed the
agreement, and their comments relate to protection to the City from carelessness
on the part of the State. We have discussed this with the project manager at
Caltrans and.he has indicated that revised wording protecting both the City and
the State would be acceptable and will be transmitted to us shortly. In
addition, there are references to funding which need modification in light of
the Los Angeles County Transportation Commission's funding source categories.
In order to keep on this accelerated time schedule for San Fernando Road, we are
recommending that the Council approve the agreement and authorize the Mayor to
sign it after the above-mentioned changes has been reviewed by the City Attorney.
The City Council approve and authorize the Mayor to sign the Cooperative
Agreement approved by the City Attorney for the subject project.
ATTACHMENT
Cooperative Agreement
/ce
Agenda Item: ;U
CA126.SC1 DRAFT: 2-9-90
REVISED: 6-22-90flq
7 -LA -126 8.7/9.6
San Fernando Road
0.2 mi E/0 Drayton St./
0.3 mi E/O Circle 7 Ranch
Road (Stage 1).
07231 - 401601
7 -LA -126 8.7/9.9
San Fernando Road
0.2 mi E/O Drayton St./
0.3 mi W/O 15th St.
(Stage 2).
07231 - 401631
COOPERATIVE
District Agreement No. 3986
This AGREEMENT
entered into on
A F M NT
19_ is
between the STATE OF CALIFORNIA,
acting by and through its
Department of
Transportation, referred to herein as STATE, and
CITY OF SANTA CLARITA
a body politic and a municipal
.
-
corporation of the State of
California, referred to herein
as CITY
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1.. STATE and CITY, pursuant to Streets and Highways Code
Section 130 and Government Code Section 14529.12, are authorized
to enter into a Cooperative Agreement for improvements to State
highways within CITY.
2. CITY desires State highway improvements consisting of
widening San Fernando Road from 0.2 mile east of Drayton Street
to 0.3 mile west of 15th Street, referred to herein as "PROJECT,"
and is willing to fund one hundred (100) percent of all capital
outlay and staffing costs, except that costs of STATE's oversight
of design and right of way activities may be borne by STATE.
3. CITY desires to construct said PROJECT in two stages in
order to bring about an earlier improvements to reduce congestion
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5. Construction of said PROJECT will be the subject of a
separate future agreement
6. The parties hereto desire to define herein the terms and
conditions under which said PROJECT will.be developed and
designed.
1. To fund onehundred(100) percent of all preliminary.and
design engineering costs, including, but not limited to, costs
for preparation of contract documents and -advertising and
awarding the PROJECT construction contract
2. To have detailed Plans, Specifications, and Estimate
(PS&E) prepared at no cost to STATE and to submit each to STATE
for review and approval at appropriate stages of development.
4.
Final plans shall be signed by an engineer registered in the
State of.California.
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3. To permit STATE to monitor and participate in the
selection of personnel who will prepare the PS&E, and perform
right of way activities. CITY also agrees, if requested by
STATE, to discontinue the services of any personnel considered by
STATE 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. Within thirty (30) days of written notification from
STATE, CITY shall deposit with STATE, certificates of deposit in
the amount of $262,500.00 (3% of construction cost or estimate),
which figure represents the estimated cost of STATE's oversight
of design and right ofwayactivities. Such funds shall be
subject to release or retention pursuant to Article (2) of
Section III.
5. Personnel who prepared the PS&E will be available to
STATE, at no cost to STATE, through completion of construction of
PROJECT to discuss problems which may arise during construction
0
7. To make written 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.PS&E.
8. To identify and locate all high and low risk underground
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."
9. 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
protection.: If any protection, relocation, or removal of
utilities is required, such work will be d in accordance
policy and procedure for those utiliti
performed
with STATE �
es within
STATE's existing or proposed right of way and in accordance.with
CITY's policy for those utilities outside STATE's existing or
proposed right of way.
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10. 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 and that such
work will be completed prior to the award of the contract to
construct PROJECT or as covered.in the Special Provisions for
said contract. This evidence shall include a reference to all
required State Highway Encroachment permits.
11. 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 Way.
12. 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.
13. 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 right of way.
14. To utilize the services of a qualified local public
agency in all right of way acquisition related matters in
accordance with STATE procedures as contained in Right of Way
Procedural Handbook, Volume 9. Qualified public agency employees
shall administer any contract for right of way services.
15. 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
regulations subject to review and concurrence by STATE prior to
the advertisement for bids for construction of PROJECT.
16. To deliver to STATE legal title to the right of way,
free and clear of all liens and encumbrances detrimental to
STATE's present and future uses prior to the -date of acceptance
by the STATE.of maintenance and operation of the highway
facility.
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SECTION II
1. To provide, pursuant to Article (2) of Section III,
oversight of PROJECT and to provide prompt reviews and approvals,
as appropriate, of submittals by CITY, and to cooperate in
timely processing of. the PROJECT.
2. To provide, pursuant to Article (2) of Section III,
oversight of all right of way activities undertaken by CITY, or
its designee, pursuant to this Agreement.
3. To issue, at no cost to CITY, upon written application,
by CITY, an encroachment permit authorizing entry onto STATE's
right of way to perform survey and other investigative activities
required for preparation of the PS&E.
SECTION III
TT IS MUTUALLY LV A ,R D 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.
8
I
2. If a construction contract for PROJECT is awarded within
five (5) years from the execution date of this Agreement, STATE
shall return CITY's deposit, pursuant to Article (4) of Section
I, without deduction, within thirty (30) days of written notice
to STATE that CITY has awarded the contract. In the event a
construction contract for PROJECT is not awarded within said five
(5) years, STATE will deduct all oversight costs to date,'free of
interest, and return any unused.deposit to CITY within thirty
(30) days after said 5 -year period has expired. If costs of
STATE oversight exceed said deposit, STATE will bill CITY for any
additional amount due STATE within thirty (30) days after said 5 -
year period has expired and CITY will pay said amount within
thirty (30) days after receipt -of such billing.
S. STATE may grant a time extension beyond said 5 -year
period if a finding by STATE is made that reasonable progress is
being made and that a construction contract is likely to result
within a reasonable period of time. STATE shall not return
deducted funds, whether or not PROJECT is ultimately constructed.
" 4. If STATE charges CITY for oversight pursuant to Article
(2) above of this Section III; the costs to be charged CITY for H
4
.STATE's oversight will include all direct and indirect costs
(functional and administrative overhead assessment) attributable
to such work applied in accordance with STATE's standard
accounting procedures.
9
S
5. It is understood that a separate Cooperative Agreement
will be required to cover responsibilities and funding for the
PROJECT construction phase.
6. 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 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 on account of injury
(as defined in Government Code Section 810.8) occurring by reason
of anything done or omitted to be done by the CITY under or in
connection with any work, authority or jurisdiction delegated to
the CITY under this Agreement.
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7. 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 District Director for District 7 and become a
part of this Agreement as a supplement to this Agreement after
execution by the respective officials of the parties.
8. Prior to award of a construction contract, CITY may
terminate the PROJECT and this Agreement in writing, provided the
CITY. pays STATE for all PROJECT oversight costs incurred by STATE
prior to termination. STATE will deduct all oversight costs to
date, free of interest, and return any unused deposit to CITY
within thirty (30) days of written notice of termination of
Agreement. If costs of.STATE oversight exceed said deposit,
STATE will bill CITY for any additional amount due STATE within
li
9. Except as otherwise provided in Article 8 above,.this
Agreement shall terminate upon completion and acceptance of the
construction contract for PROJECT or on January 1, 1996,
whichever is earlier in time.
STATE OF CALIFORNIA
Department of Transportation
ROBERT K. BEST
Director of Transportation
By
JERRY B. BAXTER
District Director
Approved as to form and procedure
CITY OF SANTA CLARITA
By
Mayor
Attest:
City Clerk
Attorney, Department of Transportation
Certified as to funds and procedure
District Accounting Officer
;`i.
S
7 -LA -126 8.7/10.8
San Fernando Road
0.2 mi E/O Drayton St./
0.3 mi W/E 15th St.
07231 -
SCOPE OF WORK
This Scope of Work outlines the specific areas of responsibility
for various project development activities for the proposed
project to widen San Fernando Road from 0.2 mile east of Drayton
Street to 0.3 mile west of 15th Street.
1. STATE has already obtained the necessary environmental
clearance and project approval for this project. If during the
preparation of the PS&E, new information is obtained which
requires the preparation of additional environmental studies
and/or an environmental re-evaluation, 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 4A
as defined in STATE's Project Development Procedures Manual.
5 -
4. 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.
5. Detailed steps in the project development process are
appended to this Scope of Work. This appendix is intended as a
guide to STATE and CITY.staff.
I
APPENDIX A: DESIGN PHASE ACTIVITIES
RESPONSIBILITY
PROJECT ACTIVITY STATE
CITY
1. PRELIMINARY COORDINATION
Request 1 - Phase EA
X
Field Review of Site
X
X
Provide Geometries
g
Approve Geometries
X
Obtain Surveys .& Aerial Mapping
X
Obtain Copies of Assessor Maps
and Other R/W Maps
g
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
PROJECT ACTIVI�^/
3. R/W ACQUISITION & UTILITIES
RESPONSIBILITY
STATE CITY
Request Utility Verification
X
Request Preliminary Utility Relocation
Plans from Utilities
X
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 to
District
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 and
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
16
1,
RESPONSIBILITY
PROJECT ACTIVITY
STAT E
CITY
4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES
Prepare and Submit Preliminary Stage
Construction Plans
X
Review Preliminary Stage Construction Plans
X
Calculate and Plot Geometrics
X
Cross -Sections & Earthwork Quantities
Calculation
X
Prepare and Submit BEES Estimate
X
Put Estimate in BEES
X
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
x
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 & Approve Lane Closure Requirements
X
Prepare & Submit Striping Plan
X
Review & Approve Striping Plan
X
Prepare Final Estimate
}(
Prepare & Submit Draft PS&E
X
Review Draft PS&E ,. .. -' .,
X
" '" Finalize & Submit PS&E to District
X
N
RESOLUTION NO. 91-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, APPROVING.THE EXECUTION OF A
COOPERATIVE AGREEMENT REGARDING SAN FERNANDO ROAD
GENERALLY BETWEEN DRAYTON STREET AND 15TH STREET
WHEREAS, the State of California, acting by and through the Department
of Transportation (hereinafter the State) has requested that the City of Santa
Clarita enter into a Cooperative Agreement referred as 7 -LA -126 8.7/9.6 San
Fernando Road 0.2 mi E/0 Drayton St./0.3 mi E/0 Circle J Ranch Road (Phase 3)
and 7 -LA -126 8.7/9.9 San Fernando Road 0.2 mi E/0 Drayton St./0.3 mi W/0 15th
St. (Phase 4).
WHEREAS, the Agreement provides for the City to design improvements and
secure rights-of-way for the widening of State Highway 126 (San Fernando Road).
WHEREAS, Division 1, Section 130, of the Streets and Highway Code
allows the State and any City to enter into a contract with respect to the
proportion of the expense of the acquisition, construction, and improvement of
any state highway.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Santa Clarita hereby:
Section 1. Determines that .it would be in the best interest of the
City to approve the aforementioned Agreement.
Section 2. Authorizes the Mayor to execute the Agreement on behalf of
the City.
PASSED, APPROVED AND ADOPTED THIS 9th day of April , 1991.
MAYOR
ATTEST:
CITY CLERK
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City
Council of the City of Santa Clarita, at a regular meeting thereof, held on
the 9th day of April , 1991, by the following vote of the Council:
AYES: COUNCILMEMBERS
NOES:
ABSENT: COUNCILMEMBERS
CITY CLERK