HomeMy WebLinkAbout1991-05-14 - AGENDA REPORTS - SAN FERNANDO RD COOP AGMT (2)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT:
BACKGROUND
May 14, 1991
SAN.FERNANDO
STATE/CITY D
Public
AGENDA REPORT
City Manager Approva
Item to be presented by:
John E. Medina
COOPERATIVE AGREEMENT -
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 have
been submitted to them, and they are in the process of giving us approval to
begin advertising. On April 9, 1991, the Council approved a Cooperative
Agreement between the State (Caltrans) and the City for the design phase. The
Cooperative Agreement before you for consideration is to stipulate the
responsibilities of the construction'phase.
This agreement is'a standard Caltrans agreement setting forth the City and
State's duties relating to construction and funding of the project. The City is
required to construct the improvements under contract using a combination of
City, State and Federal funds. The City Attorney's office has reviewed and
approved as to form this.agreement.
The Los Angeles County -Transportation has assured us that ,funding for these
improvements is available. They are currently deciding on the split of State
and Federal funds that will be used to fund the State's portion of the
improvements. Once their.decision is made, the amounts will be entered into the
agreement.
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 funding figures have been determined. r
RECOMMENDATION
The City Council approve Resolution No. 91-61 and authorize the Mayor to sign
the completed Cooperative Agreement after funding amounts have been entered.
ATTACHMENT
P42soh I-i(n 91-U
Cooperative Agreement
/ce
APPROWED Agenda Item; . y
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
(07231-11676G) and 7 -LA -126 8.7/9.9 San Fernando Road 0.2 mi E/O Drayton
St./0.3 mi W/0 15th St. (07231-01907G).
WHEREAS, the Agreement provides for the City to construct State highway
improvements and 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 day of 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 day of _ , 1991, by the following vote of the Council:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT:
CITY CLERK
DRAFT: caconph4.126
C4i08/911ik/flg
07 -LA -125 3.7/9.6
San Fernando Road from 0.2 mi
E/0 Drayton Street.to 0.3 mi
E/0 Circle C Ranch Road
07231 - 11878-
07 -LA -126 8.7/9.9
San Fernando Road from 0.2 mi
E/O Drayton Street to 0.3 mi
E/O 15th Street
07231 - 01907G
District Agreement No. 4021
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 SANTA CLARITA
a body politic and a municipal
corporation of the STATE of
California. referred to herein
as "CITY"
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Agreement No. 4021
RECITALS
_. STATE and CITY, pursuant to Street and Highways Code
Secticn 130 are authorized to enter into a Cooperative Agreement
for improvements to State highways within CITY.
2. STATE and CITY desires to construct 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.
3. CITY is willing to fund one hundred percent (100%) of
. all construction engineering costs, except that costs of STATE's
oversight of construction activities will be borne by STATE.
4. 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.
5• STATE is agreeable to CITY's proposal to prepare the
contract documents and advertise, award and administer the
construction contract for PROJECT.
C�
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Aareement No. 402'1
6. The parties hereto intend to define herein the terms and
conditions under which PROJECT is to be constructed, financed and
maintained.
7. Project development responsibilities for said PROJECT
are covered in a Cooperative Agreement to be executed by -STATE
and CITY (District Agreement No. 3986).
SECTION I
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1. To advertise, award and administer the construction
contract for PROJECT, at CITY's expense, in accordance with the
requirements of the Local Agency Public Construction Act and the
California Labor Code, including its prevailing wage provisions.
Workers employed in the performance of work contracted for by
CITY, and/or performed under encroachment.permit, are covered by
provisions of the Labor Code in the same manner as are workers
employed by STATE'S Contractors. CITY shall obtain applicable
wage rates from the State Department of Industrial Relations and
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Agreement No. 4021
shall adhere to the applicable provisions of the State Labor
Code. Violations shall be reported to the State Department of
Industrial Relations. The contract shall also include the
current Federal Disadvantaged Business Enterprise (DBE)
requirements contained in Title 49 of the CFR. Part 23.
2. To pay CITY's share of the actual costs of construction,
which is estimated to be $ as identified in Exhibit
"A", required for the satisfactory completion of PROJECT,
I
ncluding changes pursuant to contract change orders concurred
with by the STATE representative and any "State -furnished
material"
3. To accept assignment of Regional Federal -Aid Urban (FAU)
finds from STATE
4. To bill STATE. immediately following bid open. in the
amount of $ which figure represents STATE's estimated
share of matching funds for PROJECT.
5. 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
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in articles (2). (3). (4)
Agreement.
Agreement No. 4021-
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02'1
(5), and (6) of Sectio. III, of this
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 the PROJECT in accordance with plans and
specifications prepared by CITY, to the satisfaction of and
subject to the approval of STATE.
8. Contract.administratiori procedures shall conform to the
requirements set forth in STATE's Construction Manual, Local
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Programs Manual, and the Encroachment Permit for construction of
PROJECT.
9. Construction within the existing or ultimate STATE right
of way shall comply with the requirements in STATE's Standard
Specifications and PROJECT Special Provisions, and in conformance
with methods and practices specified in STATE's Construction
Manual.
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Agreement No. 4021
10. To use CITY stat: to =erf='r,T. survey, such surveys shall
ccnfcrm to the methods. procedures. =_rd'requirements of STATE's
Surveys Manual. CI''_'Y's ccnstruc "' -:n contract shall not include
construction survey as a mid item.
11. Mater'_ai testing and quality control shall conform. ::o
the sample types and frequencies in the charts of the State
Construction Manual, and be performed, at CITY expense. by a
certified material tester acceptable to STATE. Independent
assurance testing. specialty testing. and off-site source -
inspection
ource
inspection, and testing, as indicated in the special provisions,
shall be performed by STATE at no cost to CITY. Approval of
asphalt and concrete plants shall be by STATE. at STATE expense.
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12. At CITY expense, to furnish a field site
representative, subject to approval of STATE, who is a licensed
Civil Eng}neer in the State of California, to perform the
functions of a Resident Engineer. If the PROJECT plans and
specifications were prepared by a private design company. the
Resident Engineer shall not be an employee of that company. The
Resident Engineer shall also be independent of the construction
contractor.
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AY^eement No. 4C::1
1.3. At CITY expense. to furnish qualified support staff.
subject to approval of STATE. to assist the Resident Engineer in,
but not limited to, construction surveys. soils and foundation
tests. measurement and computation of quantities, testing o
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
specifications. Said qualified support staff shall be
independent of the design engineering company and construction
contractor, except that the project designer may check the shop
. drawings, do soils foundation tests, test construction materials.
and do construction surveys.
14. To make the progress payments to the contractor using
CITY and STATE funds. and pay all costs for required staff
services as described in Articles (12) and (13) above of this
Section I. The STATE representative shall review all contract
progress pay schedules. STATE does not assume responsibility fcr
accuracy of itemi--ation on progress pay schedules.
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-r__ment " I c . 4,: �- 1
15. Within si:c y (a0' a:e
dy= _.__rv�^� .ccmp_et.cn a.,
acceptance .of the _RCJECT crstz _-_-- _zntr=-c-.. to =.._.._o.. STATEE
a complete set of accepzablzfu'__-=-=ec fi_:• s_t_ve
reproducible As -Built _..a::._ and ___ .ecor,3.
zurvey 'documents and microfilm .Cpy :)- all uctu'_ _ 'P_1_31'13-
16.
ia_..=_
16. Upon completion of work under this Agreement. ITY will
assume maintenance and the expense thereof any ?arc of
PROJECT located outside of current STATE right of way until
acceptance of any such part of ?RC -J --1T into the State highway
system by STATE, approval by the Federal Highway Administration.
if required, and conveyance of acceptable title.to STATE.
17. If CITY terminates PROJECT prior to completion of the
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construction contract for PROJECT. STATE may require CITY. at
CITY expense, to return right of way to its original condition or
to a condition of acceptable permanent operation. If CITY fails
to do so, STATE reserves the right to finish PROJECT or place
PROJECT in satisfactory permanent operation condition. STATE
will bill CITY for a'_1 actual expenses incurred and CITY agrees
to pay, said expenses within thirty "301 days c_ 'STATE. actin
through the State Controller, may withheld an equal amount from
future apportionments due CITY from the Highway User Tax Fund.
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SECTION II
STATE AGREES:
Agreement No. 4021
1. To pay STATE's share of the actual costs of
construction, which is estimated to be $ as
identified in Exhibit "A", required for the satisfactory
completion of PROJECT, including changes pursuant to contract
change orders concurred with by the STATE representative and any
"State -furnished material".
2. To assign to CITY, prior to award of construction
h
contract for PROJECT, a portion of its Regional Federal Aid Urban
(FAU) funds in the amount of.$ which figure represents
STATE's estimated share of construction. STATE's actual FAU
assignment shall be based on final accounting.
3. To deposit with CITY, within 30 days of -receipt of
billing, in the amount of $ , which figure represents
STATE's estimated share of matching funds, as identified in
Article (4), of Section I, of this Agreement.
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Agreement Nc. 4021
4. 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), (5) and (6) of Section III. of this Agreement.
5. To provide, at no cost to CITY. a qualified State
Representative 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(s) issued to CITY and
CITY's contractor.
6. To provide any "State furnished material" as shown on
the plans for PROJECT and as provided in the Special Provisions
for PROJECT.
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Agreement No. 40'-"-
3ECTIrni rr_
1. All obligations of STATE Lander the terms of this
Agreement are contingent upon the appropriation of resources by
the Legislature and the allocation, of resources by the California
Transportation Commission.
2. Construction by CITY of improvements referred to herein
which lie within STATE highway rights of way or affect STATE
facilities. shall not be commenced until CITY's original contract
plans involving such work and plan for utility relocations have
been reviewed and approved by signature of STATE's District
Director of Transportation, or the District Director's delegated
agent, and until an Encroachment Permit to CITY authorizing such
work has been issued by STATE.
3. CITY will obtain the aforesaid Encroachment Permit
through the office of State District Permit Engineer and CITY's
application shall be accompanied by twelve !131 sets cf reduced
construction plans of aforesaid STATE approved contract plans.
Receipt thereafter by CITY of the approved Encroachment Permit
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Agreement So. 1G__
shall constitute CITY -s authori_aticn _rem STATE to proceed wit'
work to be performed by CITY or CITY's representatives within
propcseo STATE rights of way or which affects STATE 'facilities.
pursuant to work covered by this Agreement. CITY'= authoriaati:n
to proceed with said work shall'be contingent upon '."TTY'=
compliance with all provisions set forth in this Agreement and
said Encroachment Permit.
4. CITY's construction contractor shall also be rewired t_
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 Permit shall be.made through the office of State
District Permit Engineer and shall include proof said contractor
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has payment and performance surety bonds covering construction of
PROJECT.
5. CITY shall provide a right of way certification prior to
the granting of said Encroachment Permit by STATE. to certify
that legal and physical control of rights of way has been
acquired. that same is ready for construction, and that a!'-
rights
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rights of way were acquired in accordance with applicable State
and Federal laws and regulations.
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Agreement A1C.
O. CITY shat_ nCt awa,'d a Cin__ aC .. CJ _:f1str, c-- aI:y LC rt .__..
of PROJECT within the ; __ csec cTaT-_ _'�' t= `_ :Jay
encroachment permit ha ceen _zsuec ._T`-' =T -ATE.
CITY' -.ru-.._gin _ snali _n _ force.
s cons., ort act ra_ats: ;^
until completion and accu^--ance of their OROJECT const-ruct_.n
contract. a policy of Contractual Liability insurance. includ4_�
coverage of Bodily Injury Liability and ._or,erty Damage Liability
in accordance with Sectior. 7-1.1-2 of State Stand,rd
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
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Encroachment Permit to CITY"s contractor.
9. In the construction of said PROJECT. representatives of
CITY and STATE will cooperate.and consult. and all worn pursuant
to PROJECT shall be accomplished according to the approved plans.
specifications and applicable STATE standards. Satisfaction of
these requirements shall be verified by the STATE representative.
The STATE representative is .authori-zed to enter CITY"s property
during construction for the purpose of monitoring and
coordinating construction activities.
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Asreemenr No_ 4'')31
1;. Changes to PROJECT pl=ans and specifications shall be
_m_lemented by contract _hankie crders reviewed and concurrea with
by the STATE representative. All changes affecting public safety
. public convenience. all design and specification changes. and
a'_1 major changes as defined�in the STATE's Construction Manual
shall be approved by STATE in advance of performing the work.
Unless otherwise directed by the STATE representative, changes
authorized as provided herein will not require an encroachment
permit rider. All changes shall be shown on the.As-Euilt plans
referred to in Article (15), of Section I. of this Agreement.
11. 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
4
to provide- advice and technical input in any claim process. Said
claims process shall include a provision for arbitration.
12. If existing public and/or private utilities conflict
with the construction of PROJECT. CITY shall make all necessary
arrangements with the -owners of such utilities for their
protection, relocation or removal. CITY shall inspect the
pro.tecticn, relocation or removal of such facilities. If any
protection. relocation or removal of utilities is required, such
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Agreement No. 40=-
work shall 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 outside STATE's existing or proposed right of way.
Total costs of such'protection. relocation or removal shall be
borne by CITY or those other than STATE in accordance with the
terms of the Highway Encroachment Permits. Case Law. Public
Utility Regulations and Property Fights. CITY shall require any
utility company performing relocation work in the 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 correctly shown and identified on the As -Built
plans referred to in Article -(15), of Section 1, of this
Agreement.
13. Pursuant to the authority contained in Section 591 0£
the Vehicle -Code. STATE has determined that within such areas as
are within the limits of PROJECT and are open to public traffic.
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 personnel retained by CITY and for the
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a�reeme^... Mc. 4021
prctecti,.. of the traveling ;ub___ frcm in ury and damage from
such vehicles or equipment.
_4. Upon completion and acceptance of the PROJECT
construction contract 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. except local roads delegated to CITY for
maintenance. STATE will maintain, at STATE expense, the entire
structure.
15_ 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
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roads within. STATE's right of way delegated to CITY for
maintenance and all traffic service facilities that may be
required for the benefit or control of CITY local road traffic.
15. STATE will maintain the traffic control signal system
and safety lighting as installed and pay an amount equal to 67%
cf the total maintenance costs. including electrical energy
costs. CITY shall reimburse STATE for CITY's proportionate share
of said maintenance costs, such share to be an amount equal to
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a�--eement No. 4021
33% of the total maintenance costs. including electrical enemy
costs.
1E. 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 which are installed will be owned by STATE. No
further agreement will be necessary to transfer ownership as
hereinabove stated.
17. Neither STATE nor any officer or employee thereof is
40 responsible for any damage or liability, occurring by reason of
anything done or omitted to be done by CITY under or in
e
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 STATE, 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 310.3) 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.
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Agreement No. 4'-:.-
17. Neither CITY nor any officer or employee thereof 4-..
responsible for any damage or liability occurring by reason of
anything done or omitted to be done by STATE under a--
connection
rconnection with any work, authority or jurisdictior. delegated tc
STATE under this Agreement. It is understood anal agreed that.
pursuant to Government Code Section 895.4 STATE shall gull
defend, indemnify and save harmless CITY. 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 STATE under or in ccnnectior. 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 t^e
parties hereto and no oral understanding or agreement nct
incorporated herein shall be binding on any of the par.ie.
hereto.
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Agreement Nc. 4021
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, 1993, 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
Department of Transportation
ROBERT K. BEST
Director of Transportation
By
Jerry B. Baxter
District Director
1
Approved as to Form and
Procedure
Attorney
Department of Transportation
Certified as to Funds and
Procedure
District Accounting Administrator
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CITY OF SANTA CLARITA
By
Mayor
Attest:
City Clerk