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HomeMy WebLinkAbout1991-09-10 - AGENDA REPORTS - SAN FERNANDO RD PHASE III IV (2)AGENDA -REPORT City Manager Item to be presented CONSENT CALENDAR DATE: September 10, 1991 SUBJECT: SAN FERNANDO ROAD PHASE III/IV (PROJECT NO. 91-27) STATE/CITY COOPERATIVE AGREEMENT (DISTRICT AGREEMENT NO. 4021) RESOLUTION NO. 91-139 DEPARTMENT: Community Development BACKGROUND On May 14, 1991. Council approved Resolution No. 91-61 and authorized the Mayor to sign the completed Cooperative Agreement. for the improvement of San Fernando Road after funding amounts and types had been entered. The Agreement is essentially complete in form and in concept; however, staff feels is it important to advise Council that there has been a major change in the source and timing of funding. It is estimated that $5,200,000 will be .required to cover costs for contract administration, inspection and construction. Phase III/IV is budgeted. through money from Transportation Development Act (TDA), Federal Aid Urban (FAU) and General Funds, but FAU funds are not currently available for this project. Staff has been conferring with the Los Angeles County Transportation Commission (LACTC) regarding an agreement to replace some of the FAU allocations with Prop C. interest money. A lawsuit has been filed to contest the validity of imposing the increased sales tax for Prop C because it was not approved by a two-thirds vote. The LACTC has been advised by its legal counsel that they may spend the interest earned from Prop C regardless of the outcome of the lawsuit. On August 26, 1991, the LACTC approved the allocation of $6,079,000 of Prop C interest to the San Fernando Road project, and it will be paid in monthly installments of $456,000 beginning May, 1992. TDA funds have been set aside over the past two years to fund this project in the event that other State, Federal, or LACTC funds were not available. We propose to use the TDA funds toconstruct the project and replace them with Prop C interest monies when they become available in May, 1991. This will allow the City to proceed with the project as soon as Caltrans approval to award is received, which we expect within the next 30 days. Prior to the award of the contract for this work, it is necessary to have an executed agreement. Staff recommends that Council approve.this agreement and authorize execution by the Mayor contingent upon resolution of funding as described above. This approval will allow the Council to award the contract for construction as soon as we receive Caltrans' approval. Adopted: 9 —,Io / Agenda Item: SAN FERNANDO ROAD PHASE III/IV Page 2 RECOMMENDATION Council rescind Resolution No. 91-61, approve Resolution No. 91-139, and authorize the Mayor to sign the State/City Cooperative Agreement, No. 4021, upon finalization of the document. ATTACHMENT Resolution No. 91-139 Cooperative Agreement cle/506 RESOLUTION NO. 91-139 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/0 Drayton St./0.3 mi W/0 15th St. (07231-01907G); and WHEREAS, the Agreement provides for the City to construct State highway improvements.and for the widening of State Highway 126.(San Fernando Road); and 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; and WHEREAS, Council previously approved Resolution No. 91-61, approving the execution of a cooperative agreement. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Santa Clarita hereby: Section 1. Rescind Resolution No. 91-61 in its entirety. Section 2. Determines that it would be in the best interest of the City to approve the aforementioned Agreement. Section 3. Authorizes the Mayor to execute the finalized version of Agreement No. 4021 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: ABSENT: COUNCILMEMBERS CITY CLERK Agreement'No. 4021 r RECITALS 1. STATE and CITY, pursuant to Street and Highways Code 4 Section 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 ng—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. 2 Agreement No. 4021 6. The parties hereto intend to define herein tKe 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 which has been executed by STATE and CITY (District Agreement No. 3986). SECTION I CITY AGREES: 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 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 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) a— NOT requirements contained in Title 49 of the CFR, Part 23. 3 11 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 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) a— NOT requirements contained in Title 49 of the CFR, Part 23. 3 11 Agreem nt No. 4021 2. To pay CITY's share of the actual costs of construction, w*a is estimated to be $8.147.000 as identified in Exhibit "A", 1 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". 3. To accept assignment of Regional Federal -Aid Urban (FAU) funds from STATE. 4. 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 in Articles (2),.(3), (4)0 (5), and (6) of Section III, of this t Acaiment. 5. 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. 6. To construct PROJECT in accordance with plans and specifications prepared by CITY, to the satisfaction of and subject to the approval of STATE. 4 Agreement No. 4021 7. Contract administration procedures shall conform to the requirements set forth in STATE's Construction Manual, Local Programs Manual, and the Encroachment Permit for construction of PROJECT. 8. 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. 9. To use CITY staff to perform surveys. Such surveys shall conform to the methods, procedures, and requirements of STATE's Surveys Manual. CITY's construction contract shall not include construction surveys as a bid item. 10. Material testing and quality control shall conform to 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 and testing, as indicated in the special provisions, shall be performed by STATE at no cost to CITY. Type approval of asphalt and concrete plants shall be by STATE, at STATE expense. 5 Agreement No. 4021 r 11. At CITY expense, to furnish a fieldsite representative, subject to approval of STATE, who is a licensed Civil Engineer in the State of California, to perform the functions of a Resident Engineer. If 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. 12. 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 of 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. 0 Agreement No. 4021 13. To make the progress payments to the contractor using 0 ITY 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 for accuracy of itemization on progress pay schedules. 14. Within'sixty (60) days following the completion and acceptance of the PROJECT construction contract, to furnish STATE a complete set of acceptable full-sized film positive reproducible As -Built plans and all contract records, including survey documents and microfilm copy of all structure plans. 15. Upon completion of work under this Agreement, CITY will assume maintenance and the expense thereof for any part of PROJECT located outside of current STATE right of way until acceptance of any such part of PROJECT into the State highway system by STATE, approval by the Federal Highway Administration, if required, and conveyance of acceptable title to STATE. 16. If CITY terminates PROJECT prior to completion of the i construction contract for PROJECT, STATE may require CITY, at CITY expense, to return right of way to its original condition or i I to a condition of acceptable permanent operation. If CITY fails n r-1 64 Agreement No. 4021 to do so, STATE reserves the right'to finisb_ PROJECT or place PROJECT in satisfactory permanent operation condition. STATE_ will bill CITY for all actual expenses incurred and CITY agrees to pay said expenses within thirty (30) days or STATE, acting through the State Controller, may withhold an equal amount from future apportionments due CITY from the Highway User Tax Fund. WAN WwComs� 1. To pay STATE's share of the actual costs of construction, which is estimated to be $995.000 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 materials. 2. To assign to CITY, prior to award of construction contract for PROJECT, a portion of its Regional Federal Aid Urban (FAU) funds in the amount of $995.000, which figure represents STATE's estimated share of construction. STATE's actual FAU assignment shall be based on final accounting. N 11 Agreement No. 4021 3. 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. 4. 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. 5. To provide any "State furnished material" as shown on the plans for PROJECT and as provided in the Special Provisions for PROJECT. i. All obligations of STATE under 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. 0 W, Agreement No. 4021 r 2. Construction by CITY of improvements referred to herein 0 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 (12) sets of reduced construction plans 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 to be performed by CITY or CITY's representatives within proposed 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 be contingent upon CITY's compliance with all provisions set forth in this Agreement and said Encroachment Permit. 10 i Agreement No. 4021 4. CITY's construction contractor shall also be'required to 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 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 all rights of way were acquired in accordance with applicable State and Federal laws and regulations. 6. CITY shall not award a contract to construct any portion of PROJECT within the proposed STATE rights of way until after an encroachment permit has been issued to CITY by STATE. 7. CITY's construction contractor shall maintain in force, until completion and acceptance of their PROJECT construction contract, a policy of Contractual Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability in accordance with Section 7-1.12 of State Standard it 0 Agreement No. 4021 %' 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 Encroachment Permit to CITY'S contractor. S. In -the construction of said PROJECT, representatives of CITY and STATE will cooperate and consult, and all work 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 authorized to enter CITY's property during construction for the purpose of monitoring and coordinating construction activities. 9. Changes to PROJECT plans and specifications shall be implemented by contract change orders reviewed and concurred with by the STATE representative. All changes affecting public safety or public convenience, all design and specification changes, and all 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 12 Agreement No. 40.21 I permit rider. All changes shall be shown on the As -Built plans 0 referred to in Article (15), of Section I, of this Agreement. 10. 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 to provide advice and technical input in any claim process. Said claims process shall include a provision for arbitration. 11. 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 . protection, relocation or removal of such facilities. If any protection, relocation or removal of utilities is required, such 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 Rights. CITY shall require any utility company performing relocation work in STATE's right 13 0 Agreement No. 4021 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 I, of this Agreement. 12. Pursuant to the -authority contained in Section 591 of 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 ll, 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 protection of the traveling public from injury and damage from such vehicles or equipment. 13. Upon completion and acceptance of 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 Placerita Creek Bridge. 14 E Agreement No. 4021 t 14. CITY will accept control and maintain, at its own cost and expense, the portions of PROSECT lying outside STATE's right of way. Also, CITY will maintain, at CITY expense,: local 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% of 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 33% of the total maintenance costs, including electrical energy 0 costs. 16. -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. 15 0 0 0 Agreement No. 40.21 17. Neither'STATE nor any officer or employee thereof is 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 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 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. 18. Neither CITY nor any officer or employee thereof is 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 understood and agreed that, pursuant to Government Code Section 895.4 STATE shall fully 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 16 0 1 Agreement No. 4021 done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 19. No alteration or.variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 17 Agreement No. 4021 l 20. 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 CITY OF SANTA CLARITA Department of Transportation A. A. PIERCE By Interim Director of Transportation Mayor By Attest: Jerry B. Baxter City Clerk. District Director Approved as to Form and Procedure Attorney Department of Transportation Certified as to Funds and Procedure District Accounting Administrator is 0 r'1 EXH2BIT "A" PROJECT COST ESTIMATE ($1000)• PHASE 3 Roadway 1474 Signals 100 Railroad Signals 50 900 1624 PHASE 4 Roadway 2501 Structures 1350 Levee Slope Protection 1080 4931 Construction Total 6555 Supplemental work 1204 Subtotal 7759 5% Contingency 388 TOTAL 8147 PROGRAMMED FUNDS (S1000) Phase 3 RFAU"(Caltrans) 0 Phase 3 FAUL (Santa Clarita) 0 RFAU (Santa Clarita) 1677 Local Match (Santa Clarita) 273 Other (Santa Clarita) 292 Total 2242 Phase 4 Tota'_ 9_-- 95 995 Phase 4 Total 1940 1940 2119 3796 946 1219 900 1192 5905 8147