HomeMy WebLinkAbout04-15-2014 C8 LOVR Interchange Agreements with CalTransFROM: Daryl R. Grigsby, Public Works Director
Prepared By: Peggy Mandeville, Principal Transportation Planner
SUBJECT:LOS OSOS VALLEY ROADINTERCHANGE AGREEMENTS WITH
CALTRANS
RECOMMENDATION
Approve a Cooperative Agreement and a Freeway Maintenance Agreement with the State of
California Department of Transportation (Caltrans) to allow for the construction and maintenance of
the Los Osos Valley Road interchange project.
DISCUSSION
After yearsof study, environmental review and design, the Los Osos Valley Road interchange
project is almost ready for construction. The City has developed a project financial plan to fund the
project and was successful in obtaining a $16million grant in State Transportation Improvement
Program (STIP) funding to help with right-of-way and construction. In order to receive this funding
for construction to begin thisFall, Caltrans must submit a funding request to the California
Transportation Commission by April 28, 2014. The funding request must include all of the required
approvals and agreements needed to construct the project. The two Caltrans agreements include the
Cooperative Agreement and Freeway Maintenance Agreement. These are standard agreementsfor
construction and maintenance that require Council approval.
The Cooperative Agreement (Attachment 1) for construction follows a similar agreement for project
development approved by Council on January 18, 2011. The agreement outlines the roles and
responsibilities of Caltrans and the City during construction.
The Freeway Maintenance Agreement (Attachment 2in draft formwithout exhibits)is consistent
with the April 6, 1993 citywide agreement Council approved for maintenance of State highways
within the City. It identifies the standard maintenance responsibilities for Caltrans and the City as
well as identifying the few non-standard project features that the City will be responsible for
maintaining. These features, approved by the Architectural Review Commission, include
decorative lighting and aesthetic features on the bridge. Exhibits A, B, and C will be distributed to
the Council as agenda correspondence as soon as they are available.
FISCAL IMPACT
There is no impact to the General Fund as part of approval of the Cooperative Agreement. The
Cooperative Agreement in and of itself does cost any money however; it outlines what is considered
“Project” costs for the interchange project and the City responsibilities. These costs are typical with
capital improvement projects and have either already been budgeted for the project or will be
budgeted as part of the project as we move into the construction phase of the interchange.
Meeting Date
Item Number
4/15/14
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LOVR Interchange Agreements with CaltransPage 2
ALTERNATIVES
Modify the Cooperative Agreement.The Council could choose to modify provisions of the
Agreements. This is not recommended since the provisions of the agreements are typical of all State
highway projects. Additionally any modifications would require concurrence by Caltrans prior to
the April 28, 2014 deadline to request fundingor constructionwill be delayed. Should Council
want to pursue modifications, staff recommends that Council authorize the Public Works Director
to pursue the Council identified modifications and sign the agreements with any modifications that
receive Caltrans approval prior to April 28, 2014.
Deny Cooperative Agreement. The Council could choose to deny the Agreements with Caltrans
thereby denying the request to process the interchange project. If the agreements aredenied the
project cannot move forward and part the Major Council Goal of congestion mitigation will not be
achieved.
ATTACHMENTS
1.Caltrans Cooperative Agreement (3 originals for signature)
2.Draft Caltrans Freeway Maintenance Agreement (3 originals for signature), Exhibits to be
provided under separate cover
t:\council agenda reports\2014\2014-04-15\lovr interchange agreements with caltrans (grigsby-mandeville)\lovr car.docx
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Attachment1
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October 16, 2013
Tracking # 05-3-0007
1
FREEWAYMAINTENANCE
AGREEMENT
WITH
CITY OF SAN LUIS OBISPO
THIS AGREEMENT is made effective this ______ day of ____________, 2014, by and between
the State of California, acting by and through the Department of Transportation, hereinafter
referred to as “STATE” and the CITY of San Luis Obispo; hereinafter referred to as “CITY”
and collectively referred to as “PARTIES”.
SECTION I
RECITALS
1. WHEREAS, on July 3, 1972 a Freeway Agreement was executed between CITY and
STATE, wherein the PARTIES consented to certain adjustments of the local street and road
system required for the development of that portion of STATE Highway Route (SR) 101
within the jurisdictional limits of the CITY of San Luis Obispo as a freeway; and
2. WHEREAS, recent adjustments to said freeway have now been completed, or are nearing
completion, and the PARTIES hereto mutually desire to clarify and revise the division of
maintenance, as defined in section 27 of the California Streets and Highways Code, and their
respective responsibilities as to separation structures and local CITY streets and roads, or
portions thereof, and landscaped areas lying within or outside those modified freeway limits;
and
3. WHEREAS, pursuant to Section 4 of the above July 3, 1972 Freeway Agreement, CITY has
resumed or will resume control and maintenance over each of the affected relocated or
reconstructed CITY streets, except for those portions adopted as a part of the freeway proper.
NOW THEREFORE IT IS AGREED:
SECTION II
AGREEMENT
4. CITY agrees to continue their control and maintenance of each of the affected relocated or
reconstructed CITY streets and roads as shown on that plan map attached hereto, marked
Exhibit A, and made a part hereof by this reference.
5. STATE agrees to continue control and maintenance of those portions adopted as a part of SR
101 Freeway proper as shown Exhibit A.
6. The PARTIES agree to share the maintenance responsibilities on individual infrastructure
items as provided in Exhibit C attached and made a part of this Agreement by reference, as
long as it is not in conflict with the terms of this Agreement. In case of a conflict, the terms
of this Agreement shall prevail.
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Attachment2
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7. If there is mutual agreement on the change in the maintenance duties between PARTIES, the
PARTIES can revise Exhibit C by a mutual written execution of Exhibit A and C.
8. When another planned future improvement has been constructed and/or a minor revision has
been effected within the limits of the freeway herein described which will affect the
PARTIES’ division of maintenance responsibility as described herein, STATE will provide a
new dated and revised Exhibit A which will thereafter supersede the attached original Exhibit
A and become part of this Agreement.
9. CITY and STATE agree to accept their then respective operational and maintenance
responsibilities and related associated costs thereof in the event jurisdictional boundaries of
the PARTIES should change and Exhibit A is amended to reflect those changes.
10. CITY must obtain the necessary Encroachment Permits from STATE’s District 5
Encroachment Permit Office prior to entering STATE right of way to perform CITY
maintenance responsibilities. This permit will be issued at no cost to CITY.
11. VEHICULAR AND PEDESTRIAN OVERCROSSINGS *
11.1. STATE will maintain, at STATE expense, the entire structure of any STATE
constructed vehicular and pedestrian overcrossings of SR 101 below the deck surface
except as hereinafter provided.
11.2. CITY will maintain, at CITY expense, the deck and/or surfacing and structural drainage
system and all portions of the structure above the bridge deck, including, but without
limitation, lighting installations, as well as all traffic service facilities (sidewalks, signs,
pavement markings, bridge rails, etc.) that may be required for the benefit or control of
traffic using that overcrossing.
11.3. At such locations as shall be determined by STATE, screening shall be placed on
STATE freeway overpasses on which pedestrians are allowed as directed by section
92.6 of the Streets and Highways Code. All screens installed under this program will
be maintained by STATE, at STATE expense.
• - See EXHIBITs “A” & “C”
12. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS
12.1. STATE will maintain the structure proper of all STATE-constructed vehicular and
pedestrian undercrossings of STATE freeways while the roadway sections, including
the traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating
graffiti), drainage installations, lighting installations and traffic service facilities that
may be required for the benefit or control of traffic using that undercrossing will be
maintained by CITY
12.2. CITY will request STATE’s District Encroachment Permit Engineer to issue the
necessary Encroachment Permit for any proposed change in minimum vertical
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clearances between the traveled way portion of the under roadway surface and the
Structure that results from modifications to the under roadway (except when said
modifications are made by STATE). If the planned modifications will result in a
reduction in the minimum clearance within the traveled way, an estimate of the
clearance reduction must be provided to STATE’s Transportation Permit Engineer prior
to starting work. Upon completion of that work, a clearance diagram will be furnished
to STATE’s Transportation Permit Engineer that shows revised minimum clearances
for all affected movements of traffic, both at the edges of the traveled way and at points
of minimum clearance within the traveled way.
13. WALLS AND COLUMNS – Responsibility for debris removal, cleaning, and painting to
keep CITY’S side of any wall structure or column free of debris, dirt, and graffiti shall not lie
with STATE.
14. LANDSCAPED AREAS ADJACENT TO CROSSING STRUCTURES - Responsibility for
the maintenance of any plantings or other types of roadside development lying outside of the
fenced right of way area reserved for exclusive freeway use shall lie with CITY and not with
STATE.
15. INTERCHANGE OPERATON - It is STATE’s responsibility to provide efficient operation
of freeway interchanges, including ramp connections to local streets and roads.
16. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES
16.1. The cost of installation, operation, maintenance, repairs, replacement and energy costs
of safety lighting, traffic signals or other necessary electrically operated traffic control
devices placed at interchanges of SR 101 Freeway and CITY streets and roads and at
ramp connections or SR 101 and CITY facilities shall be shared by the PARTIES as
shown in Exhibit “B” which, by this reference, is made a part of this Agreement.
(Shared Cost Electrical Agreement can be entered into by the PARTIES as a part of this
agreement itself instead of a separate agreement. Or an existing separate “Shared Cost
Electrical Agreement” may be executed in the future allocating these costs between the
PARTIES.
16.2. The said cost shall be paid by STATE and the CITY shall reimburse the STATE their
agreed upon share.
16.3. The said cost shall be paid by CITY and the STATE shall reimburse the CITY their
agreed upon share.
16.4. Timing of traffic signals, which shall be coordinated with CITY to the extent that no
conflict is created with freeway operations, shall be the sole responsibility of STATE.
17. BICYCLE PATHS - Except for bicycle paths constructed as permitted encroachments within
STATE’s right of way for which the permittee is solely responsible for all path
improvements, STATE will maintain, at STATE expense, all fences, guard railing, drainage
facilities, slope and structural adequacy of any bicycle path located and constructed within
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STATE's right of way. CITY will maintain, at CITY expense, a safe facility for bicycle
travel along the entire length of the path by providing sweeping and debris removal when
necessary; and all signing and striping and pavement markings required for the direction and
operation of that non-motorized facility.
18. LEGAL RELATIONS AND RESPONSIBILITIES
18.1. Nothing within the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not PARTIES to this Agreement or to affect the
legal liability of a PARTY to the Agreement by imposing any standard of care with
respect to the operation and maintenance of STATE highways and local facilities
different from the standard of care imposed by law.
18.2. Neither CITY nor any officer or employee thereof is responsible for any injury, 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 conferred upon STATE
arising under this Agreement. It is understood and agreed that STATE shall fully
defend, indemnify and save harmless CITY and all of their officers and employees
from all claims, suits or actions of every name, kind and description brought forth
under, including, but not limited to, tortuous, contractual, inverse condemnation and
other theories or assertions of liability occurring by reason of anything done or omitted
to be done by STATE under this Agreement.
18.3. Neither STATE nor any officer or employee thereof is responsible for any injury,
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 conferred upon
CITY and arising under this Agreement. It is understood and agreed that CITY shall
fully defend, indemnify and save harmless STATE and all of its officers and employees
from all claims, suits or actions of every name, kind and description brought forth
under, including, but not limited to, tortuous, contractual, inverse condemnation or
other theories or assertions of liability occurring by reason of anything done or omitted
to be done by CITY under this Agreement.
19. PREVAILING WAGES:
19.1. Labor Code Compliance- If the work performed on this Project is done under contract
and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that
it is construction, alteration, demolition, installation, or repair; or maintenance work
under Labor Code section 1771. CITY must conform to the provisions of Labor Code
sections 1720 through 1815, and all applicable provisions of California Code of
Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to
include prevailing wage requirements in its contracts for public work. Work performed
by CITY’S own forces is exempt from the Labor Code's Prevailing Wage requirements.
19.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing
wage requirements in all subcontracts funded by this Agreement when the work to be
performed by the subcontractor is a "public work" as defined in Labor Code Section
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1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing
wage requirements set forth in CITY’s contracts
20. INSURANCE - CITY and its contractors shall maintain in force, during the term of this
agreement, a policy of general liability insurance, including coverage of bodily injury
liability and property damage liability, naming the STATE, its officers, agents and
employees as the additional insured in an amount of $1 million per occurrence and $2 million
in aggregate. Coverage shall be evidenced by a certificate of insurance in a form satisfactory
to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
20.1. SELF-INSURED - CITY is self insured. CITY agrees to deliver evidence of self-
insured coverage in a form satisfactory to STATE, along with a signed copy of the
Agreement.
20.2. SELF-INSURED using Contractor - If the work performed under this Agreement is
done by CITY’s contractor(s), CITY shall require its contractor(s) to maintain in force,
during the term of this agreement, a policy of general liability insurance, including
coverage of bodily injury liability and property damage liability, naming the STATE,
its officers, agents and employees as the additional insured in an amount of $1 million
per occurrence and $2 million in aggregate. Coverage shall be evidenced by a
certificate of insurance in a form satisfactory to the STATE and shall be delivered to
the STATE with a signed copy of this Agreement.
21. TERMINATION - This Agreement may be terminated by timely mutual written consent by
PARTIES, and CITY’s failure to comply with the provisions of this Agreement may be
grounds for a Notice of Termination by STATE.
22. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown
on its face sheet and shall remain in full force and effect until amended or terminated at any
time upon mutual consent of the PARTIES or until terminated by STATE for cause.
PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this
Agreement and have delegated to the undersigned the authority to execute this Agreement on
behalf of the respective agencies and covenants to have followed all the necessary legal
requirements to validly execute this Agreement.
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IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first
above written.
THE CITY OF STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By: ___________________________ MALCOLM DOUGHERTY
JAN HOWELL Director of Transportation
Mayor
ATTEST:
By: ____________________________ By: ___________________________
ANTHONY J. MEJIA STEVE PRICE
CITY Clerk Deputy District Director of
Maintenance & Operations
Caltrans, District 5
By: ___________________________
J. CHRISTINE DIETRICK
CITY Attorney
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EXHIBIT “A”
DELEGATION OF MAINTENANCE
(Plan map showing SR 101 Freeway proper and CITY road/facilities)
Just received the Dokken design files. Exhibits to be prepared
Sheets to be included:
1. Title Sheet
2. Mixed layout sheet #’s 1 – 3 with Retaining Walls & Drainage displayed
3. Some exhibit to display the Architectural Treatment to the LOVR O/C.
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EXHIBIT “B”**
Basis of Cost Distribution for Operation, Maintenance & Electrical Energy of
ELECTRICAL FACILITIES
STATE Owned and Maintained Operations, Maintenance and Electrical Energy by STATE.
Number Route Post
Mile
Location Description Signal
Signs
Lights
Type
Code
Units % Cost Distribution
CITY
** - There is a standing electrical agreement which will not change as a result of this
project.
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EXHIBIT “C”
(Individual maintenance items that are not provided for in the body of the Agreement.)
Details on Aesthetic Treatments to structures and non-STATE standard materials such as
Overcrossing light standards shall be declared as the responsibility of the CITY to maintain
and repair or replace as necessary. Other exceptions that are part of this plan that were added
at the express decision by CITY to include (if any) shall be declared in this section. Per
Dokken’s e-mail, the maintenance of specific bio-swales or other stormwater installations
could be spelled out here.
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