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HomeMy Public PortalAbout19 Forest Development RoadsTown of Truckee California RESOLUTION NO. 94-19 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE APPROVING A FOREST ROAD AGREEMENT WITH THE U.S. DEPARTMENT AGRICULTURE, FOREST SERVICE PROVIDING FOR COOPERATION BETWEEN AGENCIES IN PROVIDING FOR AND MAINTAINING CERTAIN FOREST DEVELOPMENT ROADS WITHIN THE TOWN OF TRUCKEE WHEREAS, the US Department of Agriculture, Forest Service, has certain forest development roads in and near the Town of Truckee; and WHEREAS, an agreement between the Forest Service and the Town of Truckee would provide an intention to cooperate in the planning and maintenance of forest development roads; and WHEREAS, an agreement between the Forest Service and the Town of Truckee would provide a format for specific project agreements, NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TRUCKEE, as follows: 1. Approve the Forest Road Agreement attached hereto as part of this Resolution; That Stephen L. Wright, Town Manager, is authorized and directed to execute said agreement on behalf of the Town of Truckee. The foregoing Resolution was introduced at a Regular Meeting of the Town Council of the Town of Truckee, held on the 21st day of April, 1994, by Council Member Aguera who moved its adoption, which motion being duly seconded by Council Member Carpenter was upon roll call carried and the Resolution adopted by the following vote: AYES: Council Members Aguera, Botto, Carpenter, Cross & Mayor Eagan NOES: ABSENT: Ste~fi-~n l~'~'~lght T(~wn~:>~erl~ Kathleen Eagan, Mayor FOREST HIGHWAY AGREEMENT Parties to Agreement: U.S. Department of Transportation, Federal Highway Administration, Central Federal Lands Division, hereinafter called the "FHWA," and City of Truckee, State of California, hereinafter called the "Cooperator." Purpose: The purpose of this agreement is to set forth the general terms and conditions, mutually acceptable to the parties hereto, for the project selection, project agreements, survey, design, construction, rights-of-way acquisition, and maintenance of Forest Highways in Truckee, California, pursuant to the provisions of Title 23, United States Code (U.S.C.), Sections 116 and 204, and Title 23, Code of Federal Regulations (C.F.R), Chapter 1: Subchapter G, Parts 625, 633, (Subpart C), 645 (Subpart B), 650, (Subparts A, B and C), 652, 655 (Subpart E), 660 (Subpart A); and Subchapter H. Forest Highway Routes: This agreement shall cover the Forest Highway routes, previously approved for inclusion in the Forest Highway network, which are listed and briefly described in Enclosure 1 and any approved amendments thereof. The list of such approved routes may be varied from time to time by mutual agreement between the Cooperator and FHWA either by adding routes thereto or removing routes therefrom, or by altering the description of any route to give it proper identity. Each such action shall be indicated {1) by a revised list or (2) by a revised page, or pages, bearing the signatures of the parties together with a showing of the effective date of the revision. Project Selection: Projects will be selected by mutual agreement of the FHWA, the U.S. Department of Agriculture, Forest Service (FS), and the State Highway agency (SHA), acting on behalf of the Cooperator, in accordance with Title 23, C.F.R., Part 660.109. Project Agreement: In addition to this Forest Highway Agreement, a project agreement may be entered into between the FHWA and the Cooperator prior to the expendltdre of Federal funds. The purpose of the project agreement will be to spell out the project details not covered in this general agreement. Additionally, the project agreement will set forth the procedures between the FHWA and the Cooperator when: (A) The survey, construction, acquisition of rights-of-way, or maintenance in connection with a project included in an approved Forest Highway program is to be accomplished in a different manner from that set forth in this Forest Highway Agreement; (B) Federal funds are to be made available to the Cooperator for the work; or (C) Cooperator funds are to be made available to the FHWA for the project. Project agreements are to be executed in triplicate, one executed copy being for the Cooperator, one for the FS, and one for the FHWA. 4. Compliance with Federal-aid Procedures and the Direct Federal Nationwide Action Plan in Proiect Development: All projects, or phases of projects, will be developed by FHWA in accordance with FHWA procedures, including appropriate environmental procedures, as set forth in Title 23, C.F.R., Parts 660 (Subpart A) and 771, and with the Nationwide Action Plan for the Direct Federal Program. This action plan requires that a Social, Environmental and Economic (SEE) Study Team be formed for projects that require the preparation of an environmental assessment or impact statement to insure that SEE effects of each project are identified and considered. The Cooperator will assign a representative(s) to the SEE Study Team for each such project. The Cooperator representative(s) shall be given authority by the Cooperator to make decisions necessary to insure that the SEE Study Team can meet its objectives as outlined in the FHWA Direct Federal Action Plan. The Cooperator also agrees to furnish to the team whatever interdisciplinary capabilities it is able to provide within its existing staff. Survey, Design, and Construction: The FHWA will administer the survey, design, and construction of each Forest Highway project. The location of the survey and the general design will be accomplished to the mutual satisfaction of the Cooperator, the SHA, the FS, and the FHWA. The Cooperator is encouraged to provide input in the project development phase during the action plan process as discussed in Section 4. The project will be designed in accordance with 23 C.F.R 625, the current edi- tion of the American Association of State Highway and Transportation Officials' (AASHTO) Policy on Geometric Design of Highways and Streets and the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD). The location of the route and the general design will be accom- plished to the mutual satisfaction of the Cooperator, FHWA and FS. The project will be constructed as soon as reasonable after the design is complete and funds are available. Minor changes in grade, alignment, surface course, or structures made necessary by unforeseen contingencies or deemed desirable by conditions developing during the progress of the work may be made by the FHWA without the prior or separate approval of the Cooperator. The FHWA will, to the extent practicable, insure that any such changes are not in conflict with any of the environmental considerations developed during the action plan process. All work will be accomplished in accordance with the Federal Acquisition Regulations (Title 48 C.F.R. 1) and the Transportation Acquisition Regulations (Title 48 C.F.R. 12) by contract entered into by competitive bids unless some other method is determined by FHWA to be appropriate. The construction will be governed by the plans supported by the current edition of the Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects. No construction shall be undertaken on any Forest Highway project until plans, specifications, and estimates have been reviewed by the Cooperator, the SHA, and the FS and approved by the FHWA. Rights-of-Way and Rights-of Entry: Rights-of-way (ROW) or other interests in property needed for a project will be acquired by the Cooperator or their agent in the name of the Cooperator. The cost of such rights-of-way or other interest in property will be at the Cooperator's expense unless other provisions are specified in a project agreement. FHWA Federal-aid procedures (Title 23, C.F.R., Part 712) and the procedures outlined in the Federal Highway Admin- istration's publication, Right-of-Way Project Development Guide, shall be used for rights-of-way acquisition. In addition, unless other provisions are specified in a project agreement, the cooperator shall be responsible for providing (1) all recorded or maintained records on the existing road and current policy on ROW limits, (2) current owner property lists and tax assessor's maps, (3) current ownership information of private property(s), and (4) an ownership update prior to appraisal. The FHWA will perform a current owner title search, perform necessary field work to tie in properties, prepare ROW .plans and legal descriptions of each property needed for each project, and cooperate in the transfer of rights-of- way over or upon Federal lands or other lands under the jurisdiction of the United States Government that is required for any project. When requested, the FHWA will furnish the Cooperator copies of survey notes, maps, and other records necessary for ROW acquisition. 3 Pending the execution and recording of deeds or other instruments for the ROW on private lands, the Cooperator shall obtain right-of-entry thereon for construction purposes. Rights-of-entry needed for surveys and investigation pertinen[ to the development of the route such as, but not limited to, land surveys, environmental surveys and investigations and geological investigations will be acquired by the Cooperator or their agent in the name of the Cooperator. Repair of any damage resulting from these surveys and investigations will be funded by FHWA. Said damages will be reviewed on a case-by-case basis. Utility Relocation: Utilities which are located within the construction limits of the proposed ROW shall be relocated or adjusted at no expense to the FHWA in accordance with Title 23 C.F.R. 645, Subpart B. The relocation or adjustment shall be arranged by the Cooperator unless other provisions are specified in a project agreement. Utility relocation, adjustment or accommoda- tion plans shall be completed prior to advertising a construction contract. In general, utilities may be accommodated on the rights-of-way, by easement, when such utilities do not interfere with the free and safe flow of traffic or otherwise impair the highway or its visual quality. Maintenance: After construction of Forest Highway projects, the Cooperator agrees to operate and maintain, or cause to be maintained, the highway at the Cooperator's expense in accordance with 23 U.S.C. 116 and 23 C.F.R. 660.115. Maintenance is the preservation of the entire highway, including surface, shoulders, roadside, structures, and such traffic-control devices as are necessary for its safe and efficient utilization. During construction, the contractor will bear all expense of maintaining traffic over the project other than during the period of winter suspension. If the facility is to remain open for public use during the winter suspension, the Cooperator agrees to provide routine maintenance, including all snow removal, as necessary. A Forest Highway project shall be accepted by the Cooperator for operation and maintenance when all construction work has been completed in substantial conformity with the approved plans and specifications and the project has been inspected by the Cooperator, the SHA, and the FS and accepted by the FHWA. 4 After construction, the Cooperator will not install, or permit to be installed, any signs, signals or markings not in conformance with MUTCD. Hold Harmless Provision: The FHWA's liability shall be in accordance with the Federal Tort Claims Act, 28 U.S.C. Sections 2671-80, which does not preclude action by the Cooperator and its officers, employees, representatives, and agents for indemnification against all liability for death or injury to all persons, for loss or damage of property of all persons resulting from the use of the premises by the FHWA and its officers, employees, representatives, and agents. 10. Amendments to Forest Highway Agreements: This Forest Highway Agreement may be modified by mutual agreement of the parties. Either party may prepare a modification by giving notification at least 60 days in advance of the proposed effective date of the modification. This agreement shall be effective as of the date of the last signature below, and shall supersede all prior existing cooperative agreements for the same routes entered into pursuant to Title 23, U.S.C, Section 204, and Title 23, C.F.R., Part 660 (Subpart A) except those involving a commitment of funds or arrangement for the performance of the construction work on projects underway but not yet completed and final settlement made. CITY OF TRUCKEE, CALIFORNIA By: (Date) U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, CENTRAL FEDERAL LANDS HIGHWAY DIVISION By: Division Engineer (Title) (Date) ENCLOSURE 1 Forest Highway routes in Truckee, California, covered by the attached Forest Highway Agreement: Route No. 126 Name Stampede-Smithneck Termini Junction with Interstate 80 at Boca, northerly 0.25 miles to the Southern Pacific Railroad tracks. CITY OF TRUCKEE, CALIFORNIA (Title) U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, CENTRAL FEDERAL LANDS HIGHWAY DIVISION By: Division Engineer (Title) (Date) (Date)