Resolution 1210812108
CITY OF ALAMEDA RESOLUTION NO.
AUTHORIZING COOPERATIVE AGREEMENT FOR ADVERTISEMENT,
AWARD AND CONSTRUCTION CONTRACT ADMINISTRATION BETWEEN
THE CITY OF ALAMEDA AND CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR THE DOOLITTLE DRIVE WIDENING PROJECT
WHEREAS, on September 19, 1989, the Alameda County
Transportation Advisory Committee approved the Federal Aid Urban
(FAU) program listing the City of Alameda's project "Doolittle
Drive, State Route 61, Widening from Island Drive to Harbor Bay
Parkway," as Number 1 for funding for the 1990-91 fiscal year; and
WHEREAS, on October 3, 1989, the City Council accepted
the report recommending approval of the FAU project and directed
staff to proceed, through a consultant, for the preparation of
plans and specifications for this project; and
WHEREAS, on November 21, 1989, the City Council, per
Resolution No. 1188, approved appropriating funds from Harbor Bay
Isle Transportation Improvement Fund and from Measure "B" funds to
provide matching local share for the Doolittle Widening Project;
and
WHEREAS, on July 17, 1990, the City Council, per
Resolution No. 11990, authorized a cooperative agreement between
the State of California and the City of Alameda for the design of
the Doolittle Widening Project;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Alameda that pursuant to the Streets and Highways Code Section
130, it does hereby authorize a cooperative agreement for
advertisement, award, and construction contract administration
between the City of Alameda and California Department of
Transportation for the Doolittle Drive Widening Project.
4- Ala -61 -PM 18.0/18.5
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Dist. Agmt. No. 4- 1314 -C
Document No. ALA - 1 -
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON is between the
STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as "STATE" and
CITY OF ALAMEDA,
a body politic and a municipal
corporation of the STATE of
California, referred to herein as "CITY"
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 highways within
CITY.
(2) CITY desires to construct STATE highway improvements
consisting of widening a portion of Doolittle Drive
(State Route 61) from Harbor Bay Parkway to Island
Drive in Alameda, referred to herein as PROJECT, and
is willing to fund 100 percent of all capital outlay
and staffing costs, except that costs of STATE's
oversight of construction activities will be borne by
STATE.
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Dist. Agmt. 4-1314-C
(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 said PROJECT
were covered in a prior Cooperative Agreement executed
by STATE and CITY on July 18, 1990, Dist. Agmt. No. 4-
1298-C, Document No. 7319.
SECTION I
CITY AGREES:
(1) To advertise, award and administer the construction
contract for PROJECT in accordance 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 a local entity, 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 Federal
DBE requirements as contained in Title 49 of CFR,
Part 23.
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Dist. Agmt. No. 4- 1314 -C
(2) 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 (3), (4), (5)
and (6) of Section III, of this Agreement.
(3) 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.
(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 Programs 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 Survey Manual.
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Dist. Agmt. No 4- 1314 -C
(8) Material testing and quality control shall conform to
the STATE'S Construction Manual, the STATE'S Material
Testing Manual, and be performed, at CITY expense,
by a certified material testing consultant acceptable
to STATE. Independent assurance testing, specialty
testing, and off -site source 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.
(9) At CITY expense, to furnish a field site 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. The Resident Engineer
shall be a public employee in accordance with Section
2 -07 of the Local Programs Manual.
(10) To pay one hundred percent ( 100 % ) of the actual cost
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 design consultant may check the shop
drawings, do soils foundation tests, test construction
materials, and do construction surveys.
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Dist. Agmt. No 4-1314-C
(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) 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.
(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 documents 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) To retain or cause to be retained for audit for STATE
or other government auditors for a period of three
(3) years from date of FHWA payment of final voucher,
or four (4) years from date of final payment under
the contract, whichever is longer, all records and
accounts relating to construction.
(16) If CITY terminates PROJECT prior to completion of the
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.
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Dist. Agmt. No. 4-1314-C
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 withold an equal amount from future
apportionments due CITY from the Highway User Tax
Fund.
SECTION II
STATE AGREES:
(1) 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 (3), (4),
(5), (6) and (7) 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 Permits(s) issued to CITY and to
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.
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Dist. Agmt. No 4- 1314 -C
SECTION III
IT IS MUTUALLY AGREED
(1) 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.
(2) All applicable procedures and policies relating to
the use of Federal funds or STATE gas tax funds
shall apply notwithstanding other provisions of
this Agreement.
(3) 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 accepted by signature of STATE's
District Director of Department of Transportation,
or the District Director's delegated agent, and
until an Encroachment Permit to CITY authorizing
such work has been issued by STATE.
(4) CITY shall obtain aforesaid Encroachment Permit
through the office of STATE District Permit
Engineer and CITY's application shall be
accompanied by five (5) 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 its consultants 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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Dist. Agmt. No. 4- 1314 -C
(5) 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's District Permit Engineer and shall
include proof said contractor has payment and
performance surety bonds covering construction of
PROJECT.
(6) 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 right 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.
(7) 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.
(8) 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 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.
(9) Prior to award of the construction contract for
PROJECT, CITY may terminate this Agreement by
written notice.
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Dist. Agmt. No. 4-1314-C
(10) 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 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.
(11) 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 permit rider. All changes shall be
shown on the As-Built plans referred to in Section
I, Article (13) of this Agreement.
(12) CITY shall provide a claims process acceptable to
STATE, and shall process any and all claims through
CITY's claims 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.
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Dist. Agmt. No. 4- 1314 -C
(13) If the existing public and /or private utilities
conflict with the construction of PROJECT, CITY
will make all necessary arrangements with the
owners of such utilities for their protection,
relocation or removal. CITY 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
cost 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 of way to obtain a
STATE encroachment permit prior to the performance
of said relocation work. Any relocated or new
utilities shall be correctly located and identified
on the As -Built plans referred to in Section I
Article (13) of 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 the consultants 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
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Dis Agmt. 4- 1314-C
of the STATE representative, STATE will accept
control of and maintain, at its own cost and
expense, those portions of PROJECT lying within
STATE right of way, except local roads delegated to
CITY for maintenance.
(16) CITY will acceptIcontrol 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 roads within
STATE'S right of way delegated to CITY for
maintenance.
(17) 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 outside of STATE's right of way will
be vested in CITY. No further agreement will be
necessary to transfer ownership as hereinabove
stated.
(18) Neither STATE nor any officer or employee 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 action 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.
(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.
Dist. Av 4-1314-C
(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 September 30,
1995, 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 CITY OF ALAMEDA
ROBERT K. BEST By
Director of Transportation Mayor
By Attest:
Deputy District Director City Clerk
Approved as to Form and Procedure
Attorney
Department of Transportation
Certified as to Funds and Procedure
District Accounting Officer
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I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the fourth of
June, 1991, by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Lucas, Roth
and President Withrow - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this fifth day of June, 1991.
Dia B. Felsch, City Clerk
City f Alameda