HomeMy WebLinkAboutAGENDA REPORT 1999 1103 CC REG ITEM 11FCITY OF MOORPARK
AGENDA REPORT
TO: The Honorable City Council
FROM: Ken Gilbert, Director of Public Works
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DATE: October 26, 1999 (Council Meeting 11 -3 -99)
SUBJECT: Consider Adoption of Resolution No. 99- Authorizing
the Mayor to Execute Cooperative Agreement No. 4480
Between the City and Caltrans Pertaining to the
Construction of the New Los Angeles Avenue Bridge
Widening Project
I:
New L. A. Ave. Bridge
Coop Agreement: Construction
October 27, 1999
Page 2
4. Eastbound Bridge Approach: The plans include an eastbound
bridge approach approximately 120' long. This will result
in a minimum curb -to -curb width of 102' between Spring Road
and the bridge (existing improvements may exceed 102' curb -
to -curb due to provisions for acceleration or deceleration
lanes) .
S. Eastbound Bridge Departure: Project improvements will be
compatible with the street widening on the south side of the
street, which was recently constructed by the developer of
the Carlsberg Specific Plan area.
6. North Side Improvements: Project improvements include the
addition of a sidewalk on the north side of the bridge. This
new sidewalk will be connected to an existing sidewalk west
of the bridge, and will be extended easterly to Science
Drive.
7. Sidewalks: When the project is completed there will be a
sidewalk on the north side of the street west of Science
Drive and a sidewalk on the south side of the street all the
way to the freeway.
8. Emergency Lane (Bicycles) : When the project is completed
there will be an eight feet (81) wide emergency lane on each
side of the street. The existing NO STOPPING ANYTIME
prohibition on this street segment will remain in place.
Although there will be no painted bike lanes, there will be
painted "sidelines" and additional pavement width for
emergency lanes, which will be more "user- friendly" for
bicyclists.
9. Median: When the project is completed, there will be a 14'
wide painted median between the freeway and Spring Road,
with left turn lanes in the painted median where required.
10.Striping: The project plans will include the re- striping of
the street to provide three travel lanes in each direction
between the freeway and Spring Road, plus left -turn lanes
where required. There will be a right -turn lane for both
eastbound and westbound traffic at Science Drive. The number
three westbound lane will convert to a "Right -Turn Only"
lane as it approaches Spring Road. When future planned
widening occurs west of Spring Road, the westbound approach
to Spring Road will have three lanes plus a right -turn lane
and a left -turn lane.
11-Temporary Provisions for Pedestrians / Bicycle: The plans
include the installation of two sets of concrete barriers
along the south side of the street during construction, to
New L A brg coop constr
New L. A. Ave. Bridge
Coop Agreement: Construction
October 27, 1999
Page 3
provide a protected area for pedestrians and bicycles during
construction of the project. The installation of these
concrete barriers will require temporary striping
"narrowing" the painted median and shifting the eastbound
traffic to the north.
12.Construction Phasing:
• Stage 1: Temporary striping will be installed shifting
the existing four (4) lanes of traffic (two lanes in each
direction) to the north to allow for the construction of
the bridge widening on the south side of the street.
• Stage 2: Certain excavation work in the travel lanes will
require traffic to be restricted to one lane in each
direction, to be shifted to the north side of the bridge.
It is anticipated that this work and restricted traffic
pattern will last approximately three (3) weeks. At the
end of this work traffic control will revert back to the
Stage 1 plan.
• Stage 3: Temporary striping will be installed shifting
the four lanes of traffic (two lanes in each direction)
to the south to allow for the construction of the
sidewalk on the north side of the street.
• Post Construction: Again at the end of the construction
project the street will be re- striped to provide three
(3) lanes of traffic in each direction, plus turning
lanes where required.
B. Right -of -Way
No additional street right -of -way is required in order to
construct the project.
C. Environmental Document
In 1994, in the early stages of the design process, the City
prepared a Categorical Exemption for this project. The Project
Study Report (PSR) approved by Caltrans identified the project
as Categorically Exempt. Later in the design process, the City
retained a consultant to do a more thorough analysis of the
potential environmental impacts of the project, with an eye
toward assessing the need for upgrading of the environmental
document to a Mitigated Negative Declaration. That review has
been completed and the consultant has determined that a
Categorical Exemption is the proper finding for compliance with
CEQA. A revised Notice of Determination, documenting this
latest finding that the project is Categorical Exempt, has been
issued and distributed to appropriate review agencies. No
comments were received within the review period.
New L A brg coop constr
O001.0
New L. A. Ave. Bridge
Coop Agreement: Construction
October 27, 1999
Page 4
D. Permits and Approvals
1. Watercourse: The Environmental Consultant retained by the
City is also obtaining permits from the U. S. Army Corp of
Engineers, the California Department of Fish and Game and
the State Water Quality Control Board.
2. VCFCD: A permit application has been submitted to the
Ventura County Flood Control District (VCFCD). A permit is
expected to be issued in December.
3. Caltrans: Upon approval of the project plans by Caltrans, a
State Encroachment Permit will be issued.
E. Construction
It is the intent of staff to present the final plans and specs
to the City Council for approval and authorization to advertise
for bids in December. It would be the intent of staff to
advertise the project as soon as all permits and approvals were
received. The schedule for this project calls for bid opening
and award of the construction contract in February, with work
in the streambed to start in April, at the end of the 1999/2000
wet season.
F. Cooperative Agreement
Attached is the Cooperative Agreement, between the City and
Caltrans, for the construction phase of the project. This
document has been reviewed and approved as to form by the City
Attorney.
G. Resolution
Attached is Resolution approving the subject Cooperative
Agreement and authorizing the Mayor to sign same.
STAFF RECOMMENDATION
Adopt Resolution No. 99- authorizing the City Manager to
execute Cooperative Agreement No. 4480 pertaining to the
construction of the New Los Angeles Avenue Widening Project.
New L A brg coop constr 000102
RESOLUTION NO. 99 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AUTHORIZING THE MAYOR
TO EXECUTE COOPERATIVE AGREEMENT NO. 4480,
BETWEEN THE CITY OF MOORPARK AND THE STATE OF
CALIFORNIA, PERTAINING TO THE CONSTRUCTION OF
THE NEW LOS ANGELES AVENUE BRIDGE WIDENING
PROJECT
WHEREAS, THE City and Caltrans have entered into Agreement
No. 4374 which provided for the development of the design for a
project to widen the New Los Angeles Avenue bridge over the Arroyo
Simi; and
WHEREAS, the City wishes to proceed with the construction of
said project; and
WHEREAS, the City and Caltrans wish to document the mutual
understandings with regard to said construction project by
entering into Cooperative Agreement Number 4480 pertaining
thereto; and
WHEREAS, it is necessary to document the approval of said
Cooperative Agreements by adoption of a Resolution of the City
Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That Cooperative Agreement No. 4480, pertaining to
the construction of the New Los Angeles Avenue Bridge Widening
Project, is hereby approved.
SECTION 2. That the City Manager is hereby authorized to
execute said Cooperative Agreements.
SECTION 3. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be filed
in the book of original resolutions.
PASSED AND ADOPTED this
ATTEST:
day of , 1999.
Patrick Hunter, Mayor
Deborah S. Traffenstedt, City Clerk
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07- VEN -23 KP T19.5
New Los Angeles Avenue Bridge
07279 —165401
District Agreement No. 4480
CONSTRUCTION
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 MOORPARK, a body politic and a
municipal corporation of the State of California,
referred to herein as CITY
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District Agreement No. 4480
RECITALS
1. STATE and CITY, pursuant to Streets and Highways Code Section 130, are
authorized to enter into a Cooperative Agreement for improvements to State high-
ways within CITY.
2. CITY desires to construct State highway improvements consisting of
bridge widening on Route 23 at New Los Angeles Avenue, referred to herein as
PROJECT, and is willing to fund one hundred percent (100 1/6) of all capital outlay
and staffing costs, except that costs of STATE's oversight of construction activities
will be borne by STATE.
3. 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.
4. STATE is agreeable to CITY's proposal to prepare the contract documents and
advertise, award and administer the construction contract for PROJECT.
5. The parties hereto intend to define herein the terms and conditions under which
PROJECT is to be constructed, financed and maintained.
6. Project development responsibilities for PROJECT were covered in a prior
Cooperative Agreement executed by STATE and CITY on July 8, 1997 (District
Agreement No. 4374, Document No. 013913).
SECTION I
CITY AGREES:
1. To advertise, award and administer the construction contract for PROJECT in ac-
cordance with requirements of the State Contract 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 shall
adhere to the applicable provisions of the State Labor Code. Violations shall be
reported to the State Department of Industrial Relations.
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District Agreement No. 4480
2. To apply for necessary encroachment permits for required work within State high-
way rights of way, in accordance with STATE's standard permit procedures, as
more specifically defined in Articles (2), (3), (4), (5) and (6) of Section III of this
Agreement.
3. In recognition that PROJECT construction work done on STATE property will not
be directly funded and paid by STATE, for the purpose of protecting stop notice
claimants and the interests of STATE relative to successful PROJECT completion,
CITY agrees to require the construction contractor to furnish both a payment and
performance bond naming CITY as obligee with both bonds complying with the
requirements set forth in Section 3 -1.02 of STATE's current Standard
Specifications prior to performing any PROJECT construction work. CITY shall
defend, indemnify and hold harmless STATE, its officers and employees from all
PROJECT claims under the payment or performance bond by contractors and all
claimants.
4. To construct PROJECT in accordance with plans and specifications of CITY to the
satisfaction of and subject to the approval of STATE.
5. Contract Administration procedures shall conform to the requirements set forth in
STATE's Construction Manual, Local Assistance Procedures Manual and the
Encroachment Permit for construction of PROJECT.
6. 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.
7. If CITY uses own staff to perform surveys, such surveys shall conform to the
methods, procedures, and requirements of STATE's Surveys Manual and STATE's
Staking Information Booklet.
8. Material testing and quality control shall conform to the State Construction
Manual and the State Material Testing 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 shall be performed by
STATE, at no cost to CITY except as noted herein. CITY shall reimburse STATE for
any additional travel expenses incurred by STATE for off -site inspection and testing
performed by STATE which is more than 300 airline miles from both Sacramento
and Los Angeles. Approval of the type of asphalt and concrete plants shall be by
STATE, at STATE expense.
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District Agreement No. 4480
9. To furnish, at CITY expense and subject to approval of STATE, a field site
representative who is a licensed Civil Engineer in the State of California, to perform
the functions of a Resident Engineer. If the PROJECT plans and specifications were
prepared by a private engineering company, the Resident Engineer shall not be an
employee of that company. The Resident Engineer shall also be independent of the
construction contractor.
10. To pay one hundred percent (100 %) of the actual costs of construction required for
satisfactory completion of PROJECT, including changes pursuant to contract change
orders concurred with by the STATE representative and any "State- furnished material ".
11. 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.
12. To make progress payments to the contractor using CITY funds and pay all costs for
required staff services as described in Articles (9) and (11) 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.
13. 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 doc-
uments and microfilm copy of all structure plans.
14. 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.
15. If CITY terminates PROJECT prior to completion of the construction contract for
PROJECT, STATE may require CITY, at CITY's 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 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.
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District Agreement No. 4480
16. If buried cultural materials are encountered during construction of PROJECT, CITY
shall stop work in that area until a qualified archaeologist can evaluate the nature and
significance of the find.
SECTION II
STATE AGREES:
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 State highway right of way, as more specifically defined in Articles (2), (3),
(4), (5) and (6) of Section III of this Agreement.
2. 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.
3. To provide, at CITY expense, any "State - furnished material" as shown on the plans
for PROJECT and as provided in the Special Provisions for PROJECT.
SECTION III
IT IS MUTUALLY AGREED:
All obligations of STATE under the terms of this Agreement are subject to the ap-
propriation 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 shall obtain aforesaid encroachment permit through the office of State
District Permit Engineer and CITY's application shall be accompanied by sixes*
sets of reduced construction plans of aforesaid STATE approved contract plans.
Receipt 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.
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District Agreement No. 4480
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 were acquired in accordance with applicable State and Federal laws and reg-
ulations.
6. CITY shall not advertise for bids to construct PROJECT 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 the 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 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 contractor.
8. Prior to award of the construction contract for PROJECT, CITY may terminate this
Agreement by written notice.
9. In construction of said PROJECT, representatives of CITY and STATE will cooperate
and consult, and all work pursuant to PROJECT shall be accomplished according to
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.
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District Agreement No. 4480
10. 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 STATE's Construction Manual shall
be approved by STATE in advance of performing the work. Unless otherwise di-
rected by the STATE representative, changes authorized as provided herein will not
require an encroachment permit rider. All changes shall be shown on the As -Built
plans referred to in Section I, Article (13) 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 to provide advice and technical input in any claim process.
12. If any existing public and /or private utility facilities conflict with PROJECT con-
struction or violate STATE's encroachment policy, CITY shall make all
necessary arrangements with the owners of such facilities for their protection,
relocation or removal in accordance with STATE policy and procedure for those
facilities located within the limits of work providing for the improvement of the
State highway and in accordance with CITY policy for those facilities
locatedoutside of the limits of work for the State highway. Total costs of such
protection, relocation or removal shall be determined in accordance with STATE
policy and procedure. CITY shall require any utility owner and /or its contractors
performing relocation work in STATE's right of way to obtain a STATE
encroachment permit prior to the performance of said relocation work. Any
relocated or new facilities shall be correctly shown and identified on the As -Built
plans referred to in Section I, Article (13) of this Agreement.
13. If any unforeseen potential hazardous paste sites are encountered during
construction of PROJECT, STATE and CITY shall meet and confer on a course of
action. The responsibilities and costs for any action shall be covered by
amendment to this Agreement.
14. 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 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
protection of the traveling public from injury and damage from such vehicles or
equipment.
15. Upon completion and acceptance of the PROJECT construction contract by CITY to
the satisfaction of the STATE representative and subsequent to the execution of a
maintenance agreement, STATE will accept control 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 below the deck surface of any CITY local road
overcrossings.
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District Agreement No. 4480
16. CITY will accept control and maintain, at its own cost and expense, the portions of
PROJECT 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 remaining portions of any local road overcrossing structures, including the
deck surface and above, as well as all traffic service facilities that may be required
for the benefit or control of CITY local road traffic.
17. Upon completion of all work under this Agreement, ownership and title to materi-
als, equipment and appurtenances installed within STATE's right of way will au-
tomatically be vested in STATE, and materials, equipment and appurtenances in-
stalled outside of STATE's right of way will automatically be vested in CITY. No
further agreement will be necessary to transfer ownership as hereinabove stated.
18. Nothing in the provisions of this Agreement is intended to create duties or obliga-
tions to or rights in third parties not parties to this Agreement or affect the legal li-
ability of either party to the Agreement by imposing any standard of care with re-
spect to the maintenance of State highways different from the standard of care im-
posed by law.
19. 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 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 CITY under or in connection with' any work, authority or jurisdiction
delegated to CITY under this Agreement.
20. 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 on 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 connection with any work, authority or jurisdiction delegated to
STATE under this Agreement.
21. 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.
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District Agreement No. 4480
22. Those portions of this Agreement pertaining to the construction of PROJECT shall
terminate upon completion and acceptance of the construction contract for
PROJECT by CITY with concurrence of STATE, or on July 1, 2001, whichever is
earlier in time; however, the ownership, operation, maintenance, liability, and
claims clauses shall remain in effect until terminated or modified in writing by
mutual agreement.
STATE OF CALIFORNIA CITY OF MOORPARK
Department of Transportation
JOSE MEDINA By:
Director of Transportation City Manager
By: Attest:
ROBERT SASSAMAN, INTERIM City Clerk
District Director
Approved as to Form&Procedure Approved as to Form
By: By:
Attorney City Attorney
Department of Transportation
Certified as to Funds
By:
District Resource Manager
Certified as to Procedure
By:
Accounting Administrator
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