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HomeMy WebLinkAbout1991-09-24 - AGENDA REPORTS - SAN FERNANDO RD PHASE III IV (2)AGENDA REPORT CONSENT CALENDAR DATE: September 24, 1991 City Manager Approval Item to be presented b L nn M. Harris SUBJECT: SAN FERNANDO ROAD - PHASE III/IV (PROJECT NO. 91-27) STATE/COUNTY/CITY COOPERATIVE MAINTENANCE AGREEMENT RESOLUTION NO. 91-149 (DISTRICT AGREEMENT NO. 4039) DEPARTMENT: Community Development BACKGROUND The subject project is the widening of San Fernando Road from Drayton Street to Placerita Creek. This Cooperative Agreement between the State (Caltrans), the County, and the City is for the maintenance of facilities improved under Project No. 91-27. The attached Cooperative Agreement for consideration is to stipulate the responsibilities of each of the aforementioned parties for channel improvements. Certain channel improvements for the South Fork of the Santa Clara River adjacent to San Fernando Road are necessary and will be constructed as part of Project No. 91-27. The project and its contiguous channel improvements were designed based on existing flow rates established by the County -of Los Angeles Department of Public Works and given to the City during the design phase. When final plans were submitted to the County for review, they had just completed another analysis of the South Fork and raised the anticipated flood flows by 504. The effect is that the proposed channel side protection must be raised as much as six feet. The completed plans reflect a design based on existing flow rates. The County has advised us that unless we acknowledge by the language used in this agreement that our proposed project is being constructed to the previous standard, they will not provide approval nor issue the necessary permits for the construction of these channel improvements. We are not proposing that we build improvements to the new standards for the following reasons: • The County's new flood flows are based on channel improvements being in place south of Lyons Avenue and continuing west of Interstate 5. These improvements will not be constructed in the foreseeable future; therefore, the County's expected flood flows cannot reach the South Fork. • The channel improvements are merely there to protect the roadway. if flooding occurs over the improvements, San Fernando Road will be flooded generally once every 50 years. • The proposed improvements on the east side provide the same degree of protection to San Fernando Road as the existing improvements on the west side provides to much of Valencia. Adopted: 9 -,JV -Y/ Agenda ltem:02& SAN FERNANDO ROAD PHASE III/IV Page 2 The agreement provides certain safeguards for the County if they allow us to construct improvements to the old standards and equal to those that currently exist. The agreement does stipulate that when the proposed improvements are upgraded -in the future, .the City would.be responsible for any additional cost incurred by the County that would not have been required if the improvements were not constructed. In view of the multi-million dollar effort that raising the channel side requires and the County's fiscal abilities, we do.not believe that they will upgrade the South Fork channel in the foreseeable future. Prior to the award of the contract for this project, it is necessary to have an executed agreement. Staff recommends that Council approve this agreement and authorize execution by the Mayor. This approval will allow the Council to award the contract for the construction of Project No. 91-27 as soon as we receive Caltrans' approval. The agreement has been approved in concept by the City Attorney's office. RECOMMENDATION Council approve Resolution No. 91-149 and authorize the Mayor to sign the State/County/City Cooperative Maintenance Agreement No. 4039. ATTACHMENT Resolution No. 91-149 Cooperative Agreement hds/514 RESOLUTION NO. 91-149 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 MAGIC MOUNTAIN PARKWAY AND 16TH STREET WHEREAS, the State of California, acting by and through the Department of Transportation (hereinafter the "State") and the County of Los Angeles, a political subdivision of the State of California (hereinafter the "County") have requested that the City of Santa Clarita, a municipal corporation in the State of California (hereinafter the "City") enter into a Cooperative Maintenance Agreement referred as District Agreement No. 4039 for the maintenance of facilities constructed as a part of Project No. 91-27 on San Fernando.Road from Drayton Street to Placerita Creek; 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, improvement of any State highway; and 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. Carl Boyer, Mayor ATTEST: Donna M. Grindey, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF SANTA CLARITA) RESOLUTION NO. 91-149 Page 2 I, Donna M. Grindey, DO HEREBY CERTIFY that the above and foregoing Resolution was duly 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 Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Donna M. Grindey,.City Clerk DISTRICT AGREEMENT NO. 4039 THIS AGREEMENT, ENTERED INTO ON 19_1 is between AND AND STATE OF CALIFORNIA, acting by and through its Department of Transportation, hereinafter referred to as "STATE"; COUNTY OF LOS ANGELES, a political subdivision of the State of Callfornia, hereinafter referred to a$ "COUNTY", acting on behalf of the Los Angeles County Flood Control District, a body corporate and politic; CITY OF SANTA CLARITA, a municipal corporation in the .State of California, hereinafter referred to as "CITY"; WITNESSETH: WHEREAS, COUNTY is administering all matters for the Los Angeles County Flood.Control District pursuant to.Section 56-3/4 of the County's Charter and in accordance with an Agreement approved on December 26, 1984, between COUNTY and Los Angeles County Flood Control District; hereinafter referred to as "DISTRICT"; and WHEREAS, San Fernando Road between Magic Mountain Parkway and 16th Street within limits of CITY is a highway under jurisdiction of STATE; and WHEREAS, CITY proposes to widen and improve San Fernando Road within said limits upon approval of STATE; and WHEREAS, CITY also proposes to construct certain drainage improvements along the Santa Clara River -South Fork and within rights of way of the DISTRICT to protect p6rtions of the proposed work along San Fernando Road, hereinafter referred to as "IMPROVEMENTS" and further defined within this cooperative Agreement; and 9 WHEREAS, IMPROVEMENTS may not be designed to COUNTY standards and CITY is willing to maintain IMPROVEMENTS; and WHEREAS, in the future, IMPROVEMENTS may be -from time to time removed and/or modified by Cbunt in, conjunction with the e0m0i: he :i;; upgrade of facilities along the Santa Clara River -South Fork am4 its -tom -�-- hereinafter referred to as "UPGRADE". NOW, THEREFORE, in consideration of the mutual -benefits which will result to the parties herein in carrying out the terms of this cooperative Agreement, the parties hereto agree that: SECTION I STATE AGREES: 1. To provlde•CITY with any necessary approval for construction of IMPROVEMENTS. 2. To grant CITY, upon five days notice prior to each routine activity and subject to STATE'S approval of traffic safety control except in cases of emergency, the perpetual right to use those portions of San Fernando Road which are adjacent to or in the vicinity of the IMPROVEMENTS for (a) access to said IMPROVEMENTS puFpes.er: including but not limited to removal and replacement of curb, gutter, sidewalk, signs, fencing, barricades and pavement striping at yarp4eys and unspesifledand for (b) implementation of temporary traffic control and detour measures, theFff ­bOn as needed to facilitate the operation, maintenance and repair of IMPROVEMENTS. 3. To waive the five days notice and traffic safety.control approval in -cases of emergency where CITY must access IMPROVEMENTS immediately. -2- SECTION II CITY AGREES: I. To design and prepare plans for the construction of IMPROVEMENTS and submit to COUNTY for permit review, 2. To finance and cause the construction of IMPROVEMENTS on 64 DISTRICT right of way as shown on GOUN DISTRICT Drawing Numbers 3374166.1 through .15. 3. To notify -COUNTY to of the start of construction #at of IMPROVEMENTS. 4. To operate, maintain, control and repair IMPROVEMENTS until relieved of this obligation in accordance with Section IV, Item 2. S. To request and .obtain aR approval from the Federal Emergency Management Agency to revise Flood Insurance Rate Map No. 065043 04608 due to construction of IMPROVEMENTS. 6. To obtain the necessary regulatory permits for construction of IMPROVEMENTS, from ail M11 cable agencies including 4f4% but not limited to the United States Army Corps of Engineers and the State Department of Fish and Game and to submit such permits to COUNTY for its review and approval. 7. To give STATE five days notice and to submit to STATE a traffic safety control plan prior to each routine activity to operate, maintain and repair Of IMPROVEMENTS except in cases of emergency. S. To notify STATE immediately if CITY uses San Fernando Road for emergency activities for the operation, maintenance and repair of IMPROVEMENTS. SECTION III COUNTY AGREES: I. To review the plans for IMPROVEMENTS afld ' for permit purposes. 2. To provide upon completion of Item 1 of this Section and Item 6 of MSection II, the necessary permit to CITY for construction, operation and maintenance of IMPROVEMENTS. said .laAg in dsaIw d W a ay w -i"vl"fTr 4.3. To continue operation and maintenance of ceFtain ;aej;jtjeq the existing drop structures as explicitly shown on the plans for IMPROVEMENTS. SECTION IV IT IS MUTUALLY UNDERSTOOD AND AGREED THAT: I. The work of IMPROVEMENTS will include but not be limited to riprap levee, storm drain outlet,facillties, fencing and other appurtenances as shown on Pages 20 through 27 Inclusive of the plans entitled State Route 126- San Fernando Road; FAU No. M-5126(12), CRPLO89(668). 2. COUNTY may undertake UPGRADE at a future dated and said UPGRADE may affect portions or all of work associated with IMPROVEMENTS. At time of award of contract for UPGRADE, CITY's operation and maintenance feFt-he of those portions of IMPROVEMENTS affestee removed and/or modified by UPGRADE shall terminate without further obligation to COUNTY or STATE for said portions of IMPROVEMENTS. COUNTY shall maintain UPGRADE unless authorized differently under separate agreement. 3. STATE, COUNTY and CITY shall have no financial obligation to each other under this Agreement except as herein expressly provided. ' -4 4. Not withstanding any other provisions of this agreement or any action taken persuant to this agreement, COUNTY does not warrant or represent that the design and construction of IMPROVEMENTS will protect San Fernando Road and other adjacent properties from flooding. 5. During construction of said IMPROVEMENTS, COUNTY shall furnish at no cost to CITY an inspector or other representative to perform the usual functions of an inspector. STATE will also furnish inspector at no cost to the CITY in accordance with STATE/CITY "Cooperative Agreement -District Agreement No: 4021". Said inspectors shall cooperate and consult with each other, but orders of CITY's inspector to the contractor or other person in charge of construction of IMPROVEMENTS shalt be final. 6. This Agreement may be modified only by the mutual written consent of ail parties. 7, If COUNTY determines that the cost of UPGRADE was increased due to construction of IMPROVEMENTS, then CITY agrees to reimburse COUNTY for said difference in construction costs in an amount not to exceed # i•2 )4 million. COUNTY shall make a reasonable effort to salvage materials from IMPROVEMENT as required and either use such material in construction of UPGRADE or provide said materials to CITY. 8. If COUNTY proceeds with UPGRADE, CITY agrees to grant COUNTY without demand for compensation, any additional permanent or temporar,Y easements on CITY owned property for construction, operation and/or maintenance of UPGRADE. 9. If COUNTY determines that UPGRADE must encroach within street right of way for San Fernando Road to facilitate construction or implementation of features for the operation and maintenance of UPGRADE, then STATE agrees to negotiate for needed right of way. -5- 10. CITY covenants and agress.to indemnify, defend and Save hold harmless STATE, COUNTY, their agents, officers and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever including, but not limited.to, bodily injury, death, personal injury, or property damage arising from or connected with the design, construction, operation or maintenance of IMPROVEMENTS. chti� * The CITY shall not indemnify, defend and hold harmless claims arising out of the direct negligence Of the STATE or COUNTY or their agents in the ooeration and maIntenance of their facilities in the area. 11. CITY and COUNTY forces may be concurrently operating and maintaining various facilities under their jurisdiction and in accordance with the terms of this Agreement. Said forces shall consult each other and cooperate at all times to insure the timely and efficient completion of their respective activities. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through the respective duly authorized officers on this day of 199_, by CITY, and on this day of 199, by COUNTY, and.on this day of 199, by STATE. APPROVED AS TO FORM: COUNTY OF LOS ANGELES, acting on behalf of the DE WITT W. CLINTON Los Angeles County Flood Control District County Counsel By By Deputy Chairman, Board of upervtsors APPROVED AS TO FORM: STATE OF CALIFORNIA, Department of Transportation Attorney, Department of Tranisporation By By erry Baxter District 01, Director APPROVED AS TO FORM: CITY OF SANTA CLARITA City Attorney City of Santa Clarita By By— City yC ty Attorney BTS:mg 08/26/91 -7- My CITY OF SANTA CLARITA I N T E R O F F I C E M E M O R A N D U M TO: Lynn Harris, Director of Community Development FROM: Richard Kopecky, Deputy City Engineer Adz- DATE: September 4, 1991 RRceivzo SEP 0 4 1991 WPrreclor M. �Rfs �mmUwb, i)ev SUBJECT: SAN FERNANDO ROAD — DRAYTON STREET TO PLACERITA CANYON WASH BRIDGE The following are brief statements -relative to the subject project. • This Portion is categorized as Phases III & IV; Phase I is the portion between the Placerita Bridge and Lyons Avenue; Phase II is the intersection of San Fernando Road and Magic Mountain Parkway; Phase V is Magic Mountain Parkway from Valencia Boulevard to just east of the Magic Mountain Parkway Bridge across the South Fork of the Santa Clara River. Caltrans and the County of Los Angeles .are processing Phases I & -II. Design is approximately 90% complete. Phase V has approved design plans with FCR funding available for construction in FY 1993/94. Bids for $4.2 million were received on August 6, 1991 which was 30% below our estimate. Bids remain open for 90 days November 29, 1991. Dan Pomplun is the project manager. Award must take place before LACTC is reviewing plans to allow construction adjacent to right-of-way which they purchased from Southern Pacific. • Caltrans is awaiting LACTC approval before they will approve award of bid. • LACTC approved $6.07 million funding for Phases III/IV. Agreement for Council approval is being drafted by LACTC. Funding will be received beginning April 1992 in installments of $455,000 per month. • $5.5 million in TDA funds,._is�currently available for the project. This "includes carry-over funds..from--previous years. • Construction will take.16 months after award of contract. • 'City ."..Attorney is '-reviewing •-revised draft - three -party agreement (City/County/State) for improvem4�tits to the South Fork of the Santa Clara ' River to assume responsibility for the design of the channel sides which are consistent with what is existing but less than the County's increased flow rate figures. RK:hds/1245 -