HomeMy WebLinkAbout09/01/1992, C-4 - COOPERATIVE AGREEMENT WITH STATE OF CALIFORNIA FOR SURFACING AND DELINEATING BIKE PATHS ON SANTA ROSA STREET I��H�u���INlllll��l� l�lll � MEETDATE
CiQ1" „(San � IS QBISpQ September
tember 1, 199
COUNCIL AGENDA REPORT ITEM NUMBER: _
FROM: Wayne Peterson, Acting Public Works Director
SUBJECT: Cooperative Agreement with State of California for
Surfacing and Delineating Bike Paths on Santa Rosa
Street
CAO RECOMMENDATION:
A
Adopt resolution authorizing Mayor to execute the Cooperative
BACRGJbVA:ent.
The City Bicycle Plan, which was adopted this past spring, identified a
need for a Class 2 bicycle path on Santa Rosa Street, between Murray
and Walnut (project #4) . Staff has been working closely with Caltrans
to develop an acceptable plan for the construction of this bike path.
As a part of our discussions, staff has gained final agreement with
Caltrans that they will participate in the cost of the improvements
necessary to a maximum of $48, 400. In as much as this particular
project is entirely on a State highway, the State has various concerns
that they would like us to address as we construct the project. Their
concerns and their agreement to participate to a maximum of $48, 400 are
included in the attached proposed Cooperative Agreement. All of the
concerns will be addressed as part of the contract documents which
staff is currently preparing. They primarily have to do with
encroachment permits and insurance. Staff has no particular problem
with the City's ability to comply with these recommendations.
In June, the Council approved the concept of this agreement.
FISCAL IMPACT:
The project is currently estimated to cost approximately $100, 000. The
State's participation will be limited to $48,400, requiring the City to
pick up the remaining amount. The Bicycle Plan adopted by the Council
has sufficient funds to complete the remaining City responsibility in
this. project. When final plans and specifications are processed
through the Council, a more detailed budget will be presented.
This agreement does not commit the City to actually doing the project,
if for some reason it chooses to defer or drop it.
CONCURRENCE:
This project is being processed in conformance with the adopted Bicycle
Program.
Attachments Resolution
Cooperative Agreement with State of California
coopagree/wpft
RESOLUTION NO. (1992 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA
(DEPARTMENT OF TRANSPORTATION) REGARDING THE
RESURFACING AND STRIPING OF SANTA ROSA STREET
BETWEEN MURRAY AND WALNUT STREETS FOR THE
PURPOSES OF INSTALLING BICYCLE LANES
SECTION 1. That certain agreement attached hereto marked
"Exhibit All and incorporated herein by reference between the City
of San Luis Obispo and the State of California (Department of
Transportation) , wherein the City and the State agree as to the
terms and conditions that will permit the City to resurface and
stripe Santa Rosa Street between Murray and Walnut Streets (a
State highway) , to provide for the installation of bicycle lanes,
is hereby approved.
SECTION 2 . The City Clerk shall furnish a copy of this
resolution and a copy of the executed agreement approved by it
to: State of California (Department of Transportation) and the
City Engineer.
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day
of , 1992 .
MAYOR
CITY CLERK
C:'7 'a2-
Resolution No. (1992 Series)
Page Two.
APPROVED:
City Administrative Officer
tto ne
Community Deve opment Director
<— , L,2a,
city FO
ineer
waD3/state-agr
by
05-SLO-001-16.77/17 . 11
05-254-397801
moo RESURFACE/DELINEATE BIKE IN.
District Agreement #5CA9207
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 SAN LUIS OBISPO
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.
l
(2) CITY desires State highway improvements
consisting of resurfacing and restriping traffic lanes to
include bicycle lanes on Route 1, Santa Rosa Street, from
Walnut Street to Murray Street in the City of San Luis
Obispo, referred to herein as "PROJECT" . CITY is willing to
fund one hundred percent ( 100%) of CITY staffing costs,
except that STATE' s oversight of environmental, design and
right-of-way activities may be borne by STATE.
(3) STATE is agreeable to CITY' s proposed PROJECT,
and will reimburse CITY up to 50% for construction costs,
not to exceed $48,400.
(4 ) STATE and CITY desire to specify herein the _
terms and conditions under which PROJECT is to be
engineered, constructed, financed and maintained.
SECTION I
CITY AGREES:
( 1) To provide, at no cost to STATE, all necessary
preliminary engineering, including plans and specifications,
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and all necessary construction engineering services for
PROJECT.
(2) To construct PROJECT by contract in accordance
with plans and specifications prepared by CITY and approved
by STATE.
(3) To bear all actual PROJECT costs in excess of
$96,800.
(4) CITY, at no cost to STATE, as part of its
PROJECT design responsibility, shall identify and locate all
utility facilities within the PROJECT area. All utility
facilities not relocated or removed in advance of
construction shall be identified on the PROJECT plans and
specifications.
(5) To relocate utility facilities within STATE ' s
right of way to STATE specifications per STATE' s
Encroachment Manual and the Manual on High and Low Risk
Underground Facilities Within Highway Rights of Way.
(6) 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 (8) , (9) and ( 10) of
Section III of this Agreement.
(7) 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.
(8) If, during the course of construction, errors
or omissions are discovered in any of the plans and
specifications which CITY and/or personnel have provided
pursuant to this Agreement, CITY and/or personnel shall make
all necessary corrections and furnish the corrected product
to STATE within a reasonable time to be specified by STATE.
(9) 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
Page 2 of 8
STATE before the issuance of an Encroachment Permit to
CITY's contractor.
( 10) 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.
( 11) 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.
( 12 ) 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.
( 13) 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
operating 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.
( 14) To comply with the terms and conditions of the
Highway encroachment permits, existing California law,
including Statutory and Case law, and all existing property
rights when determining liability for utility relocation
costs within the existing or proposed State highway right of
way.
SECTION II
STATE AGREES•
( 1) To pay an amount equal to 50% of the actual
PROJECT construction cost estimated to be $44,000, but in no
event shall STATE's total obligation for PROJECT
construction costs under this Agreement exceed the amount of
$48,400.
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1
(2) To deposit with CITY within 30 days of receipt
of billing therefor (which billing will be forwarded
immediately following CITY' s bid advertising date of a
construction contract for PROJECT) , the amount of $44, 000,
which figure represents 50% of the total estimated PROJECT
construction costs of $88, 000.
(3) To provide CITY with necessary regulations,
policies, procedures, manuals, standard plans and
specifications and other documents required for the
preparation of the plans and specifications.
(4) 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 right of way.
(5) 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.
(6) 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 to CITY' s contractor.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
( 1) All obligations of STATE under the terms of
this Agreement are subject to the appropriation of resources
by the Legislature and the allocation of resources by the
California Transportation Commission.
(2) Should CITY award a construction contract for
PROJECT prior to the allocation of resources by the _
California Transportation Commission, there is no guarantee
of STATE's participation and CITY shall assume all risks
thereof.
(3) Should any portion of PROJECT be financed with
Federal funds or State gas tax funds all applicable
procedures and policies relating to the use of such funds
shall apply notwithstanding other provisions of this.
Agreement.
Page 4 of 8
cow
(4 ) STATE shall designate a STATE Project
Coordinator and CITY shall designate a representative
through whom all communications between the two agencies
shall be channeled. All phases of PROJECT from inception to
and including maintenance will be developed in accordance
with all policies, procedures, practices, standards,
regulations and laws that apply to STATE.
(5) CITY shall not advertise for bids to construct
PROJECT until after an encroachment permit has been issued
to CITY by STATE, nor shall CITY award a contract to
construct PROJECT until after receipt of STATE' s deposit
required in Section II, Article (2 ) of this Agreement.
(6) Prior to award of the construction contract for
PROJECT, CITY may terminate this Agreement by written
notice.
(7) After opening of bids for construction of
PROJECT and if bids indicate a cost overrun of no more than
10% of the estimate will occur, CITY may award the contract.
(8) 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
original contract plans involving such work and plan for
utility relocations have been reviewed and accepted 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.
(9)• CITY shall obtain aforesaid Encroachment Permit
through the office of State District Permit engineer and
CITY' s application shall be accompanied five (5) sets of
reduced construction plans of aforesaid STATE approved
contract plans. Receipt by CITY of the approved
Encroachment Permit shall constitute CITY authorization from
STATE to proceed with work to be performed by CITY or CITY
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.
( 10) 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
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COP ■
shall include proof said contractor has payment and
performance surety bonds covering construction of PROJECT.
( 11) Prior to award of the construction contract
for PROJECT, STATE may terminate this Agreement by written
notice, provided that STATE pays CITY for all PROJECT
related costs incurred by CITY prior to termination.
( 12) 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 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 CI.TY' 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.
( 13) If any existing public and/or private utility
facilities conflict with the construction of PROJECT, CITY
shall make all necessary arrangements with the owners of
such facilities for their protection, relocation or removal.
CITY shall inspect the protection, relocation or removal of
such facilities. If any protection, relocation or removal
of facilities is required, such work shall be performed in
accordance with STATE policy and procedure for those
facilities located within the limits of work providing for
the improvement to the State Highway and in accordance with
CITY policy for those facilities located outside of the
limits of work providing for the improvement to the State
Highway. Total costs of such protection, relocation or
removal shall be borne by CITY and/or other non-State
entities 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 facilities shall be
correctly shown and identified on the As-Built plans
referred to in Section I, Article (4 ) , of this Agreement.
( 14) 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 of 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 overcrossing.
Page 6 of 8
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,zopy
( 15) In the construction of said PROJECT,
representatives of CITY and STATE will cooperate and
consult,. and all work pursuant to PROJECT, within STATE' s
right of way, may, at no cost to CITY furnish a
representative, if it so desires to ensure conformance of
work to STATE' s standards. Said representatives of CITY and
STATE will cooperate and consult with each other, but all
work within STATE' s right of way shall be accomplished to
the satisfaction of STATE ' s representative.
( 16) Upon completion of all work under this
Agreement, ownership and title to materials, equipment and
Appurtenances installed within STATE' s right of way will
automatically be vested in STATE, and materials, equipment
and appurtenances installed 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.
( 17) Neither STATE nor any officer or employee
thereof shall be 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
also agreed that, pursuant to Government Code Section 895 .4,
CITY shall fully indemnify and hold STATE harmless from any
liability imposed for injury (as defined by 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.
( 18) Neither CITY nor any officer or employee
thereof shall be 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
also agreed that, pursuant to Government Code Section 895 .4,
STATE shall fully indemnify and hold CITY harmless from any
liability imposed for injury (as defined by 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.
( 19) All phases of PROJECT involving State highway
facilities, whether handled by CITY or STATE, shall be
developed in accordance with all policies, procedures,
practices, standards, specifications and regulations that
apply to STATE.
Page 7 of 8
(20) 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 June 30, 1994 ,
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 SAN LUIS OBISPO
Department of Transportation
JAMES W. VAN LOBEN SELS By
Director of Transportation Mayor
By Date:
District Director
Date: Attest:
By
City Clerk
Approved as to Form and Procedure
Date:
Attorney, Department of
Transportation Approved as to Content
Date: � \
B �J
Public Works Director
Certified as to Funds and Procedure
Date:
Approved as to Form
District Accounting Administrator
Date: ("z xz-04wlo�
By
it At r y
Date: =Zo 9Z
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