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HomeMy WebLinkAbout09/04/2007, C7 - CALTRANS ROUTE 227 REHABILITATION PROJECT BETWEEN US 101 AND TANK FARM ROAD-CONTRIBUTION AGREEMENT council °°°� jSeptember 4,2007 acEnba uEpont ,=N. C CITY OF SAN LUIS OBISPO FROM: Jay D. Walter, Public Works DirecD� SUBJECT: CALTRANS ROUTE 227 REHAB ITATION PROJECT BETWEEN US 101 AND TANK FARM ROAD—CONTRIBUTION AGREEMENT CAO RECOMMENDATION Approve the proposed Contribution Agreement with Caltrans to provide funding assistance to install medians on South Street (State Route 227) in an amount not to exceed $150,000; and authorize the Mayor to execute the agreement. DISCUSSION Background Caltrans District 5 has completed the design and right of way acquisition for a project to rehabilitate Route 227 between Route 101 and Tank Farm Road(Attachment 1 Vicinity Map). The project will remove and replace failing pavement, overlay the entire street, add a sidewalk to the south side of the SLO.Creek bridge, upgrade ADA access at certain corners; install sidewalk, repair driveways, and install a "Road Diet" (reducing from four lanes to two, add medians and left turn lanes) on South Street within the project limits. This project has been designed by Caltrans, and will be constructed under their supervision. Caltrans has indicated that construction funding is available and that a California Transportation Commission vote is forthcoming, which allows them to award a contract. The Contribution Agreement is the standard method that Caltrans uses with local agencies to secure additional funds for their projects. A similar agreement was recently approved when the City contributed $116,000 to the South Street widening project between Higuera and Bee Bee Streets. South Street.and King Street: the"Road Diet" As the Council will recall, a fatal accident occurred on Halloween night 2005 along South Street (within the project limits) that claimed the life of Kimberly Macias. In response, Caltrans and the City hosted a town hall meeting in January 2006 to receive input from the community about safety issues on South Street. As a result of the meeting, a focus group was created to develop recommendations for Caltrans and the City to consider safety enhancements safety for pedestrians and bicycles that travel the South Street corridor. The focus group was facilitated by Caltrans and was comprised of 11 community members, including representatives from the City's Public Works and Police Departments. The focus group compiled a package. of recommendations supported by Caltrans and City staff. Of these recommendations, the most significant was the reconfiguration of South Street to two through lanes from four (called a "Road Diet"), adding a center turn lane with medians, bike lanes, and increased parking. At its June 6, 2006 meeting, Council voted to support these recommendations and to ask Caltrans to include the lane reconfiguration (Road Diet) concept in the upcoming rehabilitation project. Caltrans has agreed, and the rehabilitation project will include the installation of median islands Caltrans Route 227 Rehabilitation Project—Contribution Agreement Page 2 along South Street from Higuera Street to Broad Street with the intention of providing pedestrian refuge islands and slowing traffic. Having these medians landscaped is consistent with Council policy and necessary to improve aesthetics. However, due to funding limits, Caltrans has decided to exclude landscaping from its construction plans and leave the option to landscape these medians to the City at some future time. Why is'this project important for the City? Staff believes that financial participation is warranted because the project will better facilitate pedestrian and bicycle connections across this busy street and improve local traffic flow, all which benefit local residents. Route 227 has seriously deteriorated pavement and so the overlay will be a significant improvement, reducing noise in the corridor as well as providing a smoother surface for vehicles and bicycles. The addition of the Road Diet along South Street, with features such as left turn lanes, pedestrian crossings, median islands and additional parking, is important for the City, as this location has been the source of numerous complaints from citizens asking for improvements. The total cost of the project for Caltrans has reached nearly $9 million, including right of way and design costs borne by Caltrans. Discussion& continue with the State on the subject of relinquishment of this route. The relinquishment must ultimately be approved by the California Transportation Commission, after considering a report prepared by Caltrans. One of the conditions of the City's acceptance of this roadway is that it be given to us in a "state of good repair". The rehabilitation project accomplishes that, and the City's burden for maintenance is deferred for many years. We will be getting a roadway segment with newly reconstructed pavement, fresh striping and markings, improved drainage inlets, current ADA ramps, several new sidewalk segments, up-to-date traffic signal equipment, and the "Road Diet" treatment along South Street. Once the road is under City control, decisions about the type of landscape in the medians can be made without Caltrans having the final decision. Staff plans to return to Council with an update on the relinquishment process in early 2008. City staff will secure the services of a Landscape Architect to design the landscape and irrigation improvements during the 2007-09 Financial Plan period, with a plan to return to Council for funding the construction project as part of the 2009-11 Financial Plan. In the meantime, Caltrans will be completing the median curbs, excavating the road surface and base from within the medians, replacing it with soil suitable for planting, installing irrigation crossover pipes, and placing decorative concrete at the median noses. Until the landscape design is complete, and a contract awarded for construction, the medians will be mulched to control weeds and left without planting. Schedule Construction starts on the rehabilitationproject: January 2008 Relinquishment process with Caltrans Ongoing Construction complete:, September 2009 Relinquishment final, City takes ownership January 2010 Design complete on landscape improvements by City: June 2009 Possible construction of landscape improvements if approved) October 2009 G' �- 2 Caltrans Route 227 Rehabilitation Project—Contribution Agreement Page 3 FISCAL IMPACT The project is included in the 2007-09 CIP, with $150,000 in General Fund monies as the City's current contribution. The 2007-09 CIP also includes $20,000 for design services for the landscape and irrigation project. The City Council will need to consider additional funding in the 2009-11 CIP in order to fund construction of the landscape and irrigation improvements, which are estimated to cost$370,000. ALTERNATIVES The City Council could decide not to provide additional funding for the project. Caltrans would then have to change the plans to remove the pre-landscape components for the medians and after their project was completed, the medians would be unplanted. If in the future the City then decided to plant the medians and add irrigation, there would be a great deal more work involved, including cutting up the newly paved street to provide irrigation. Future bid costs would likely not go down, but considering recent construction trends would likely be substantially higher. ATTACHMENTS 1. Vicinity Map 2. Council Agenda Report from June 6, 2006 3. Contribution Agreement G:\Staff-Re orts-A-,endas-Minutes\ CAR\2007\Trans ortation\Tratlic\Route 227 Contribution Agreement.doc L' 7-3 ATTACHMENT 1 d z � NQS z H H' � H p W G4 1 , tj II� + r f i r—; e ,`n d � 1 Attachment z counat. in s June 6,2006 jL ac,Enoa Repoat 1�N./.ca CITY OF SAN LUIS OBISPO FROM: Jay Walter,Director of Public Works Prepared By: Tim Bochum,Deputy Director of Public Works SUBJECT: CALTRANS SOUTH STREET FOCUS GROUP RECOMMENDATIONS CAO RECON11MENDATION 1. Support the South Street Focus Group(focus group)recommendations to Caltrans regarding improvements to the South Street corridor. 2. Support in concept the focus group recommendation to Caltrans that when South Street (Hwy. 227) is repaved, the roadway be reconfigured as a three-lane roadway with raised islands, turn pockets, sidewalks, bike lanes and increased on-street parking, the Road Diet. 3. Direct staff to work with Caltrans on specifics of the design and location of project details (i.e. tum pockets,raised islands, etc.)during the preparation of construction drawings for the Road Diet project. 4. Authorize the use of up to $5,000 from the City's annual Traffic Safety money to improve street lighting and conduct a Halloween Traffic Safety campaign. DISCUSSION Background In response to an accident on Halloween night that claimed the life of a child, Caltrans and the City hosted a town hall meeting in January to receive input from the community about safety issues on South Street. As a result of the meeting, a focus group was created to develop recommendations for Caltrans and the City to consider for enhancement of safety for pedestrians and bicycles that travel along the length of the corridor from Broad Street to South Higuera Street. The focus group was facilitated by Caltrans and was comprised of 11 community members and included participation from the City Police and Public Works Departments. The focus group included neighborhood residents, the principal of Hawthorne Elementary, the Bicycle Coalition, a visually impaired citizen and other stakeholders with specific interest in finding a solution. On February 15th, the first focus group meeting was held to discuss the South Street corridor and potential safety improvements. The initial meeting focused on determining the project area, understanding project limitations and objectives, and establishing outcome goals and terminologies. C�--s Attachment z South Street Focus Group Recommendation Page 2 At the next two meetings,held on March 1 and March 22, the focus group discussed what traffic control changes did not meet State guidelines and what alternatives might be allowable. On April 12, the fourth and final focus group meeting was held and the recommendation was made to reduce the number of travel lanes on South Street from four to two. A public meeting to inform the community of the focus group recommendations was held on May 11. South Street is designated as State Highway 227 and is under the jurisdiction of Caltrans. Therefore, the City has an advisory role in making decisions regarding traffic control changes along the corridor. Knowing the sensitive nature of this issue to the community, Caltrans has requested that the Council review the Focus Group recommendations and indicate its support for the recommended changes prior to implementation. Focus Group Recommendations The Focus Group compiled a package of recommendations that fall into short,medium and long- term improvements. The following table lists the recommendations, whether they have been completed or not, and whether City staff supports the recommended strategy. Attachment 1 contains a fiill detail of the Focus Group recommendations. Short Term Recommendation Completed? City Staff Support 1. Install warning signs and flashing beacons at Yes Yes entrances to the South Street corridor. 2. Improve intersection of Lawton at South by Yes 'Yes removing tum conflicts. 3. Widen South Street from Bee Bee to Higuera Under Yes to improve bicycle,pedestrian and turn Construction movements. 4. Trim Street vegetation to improve sight Summer Yes distance. 2006 5. Review corridor lighting and improve lighting Summer Yes, needs appropriation for as appropriate. 2006 Traffic Safety monies($4,500) 6. City should conduct a Halloween Traffic October Yes, needs appropriation for Safety Campaign to raise awareness of 2006 Traffic Safety monies($500) pedestrian safety issues 7. Additional Law Enforcement on corridor Ongoing Yes 8. Use speed"feedback"devices if available for Future Yes, if current grant submitted driver information. to OTS is approved. Attachment z South Street Focus Group Recommendation Page 3 Medium Terns Recommendation Completed? Staff Support 1. As part of the 2007 overlay project, No Yes,in concept, and if reconfigure South Street to 2 through lanes,a financially feasible center turn lane with medians,bike lanes and increased parking(Road Diet). 2. Extend Prado Road between Higuera and Under Yes. Project is under design Broad Street as soon as possible. Design by Margarita Area developers. 3. City should work with Caltrans to relinquish Underway Yes. In concept if financially jurisdiction of South Street to City control to viable. allow greater control and flexibility in traffic control. long Term Recommendation Completed? Staff Support 1.After Road Diet is complete monitor corridor No Yes, will be part of City to determine if additional traffic control is Annual Traffic Safety Report. needed. 2. Monitor Adjacent street corridors(High, No Yes. City will perform before Exposition, Woodbridge,Branch and and after studies and Sandercock) to determine if Road Diet has recommend traffic calming if diverted traffic. needed. 3. City should work with Caltrans to relinquish Underway Yes, in concept, and if jurisdiction of South Street to City control to financially feasible. allow greater control and flexibility in traffic control. Street Lighting and Halloween Safety Campaign The Focus Group recommended improving street lighting along the South Street corridor. Existing street lights have been installed by adjacent development over many years. Currently, the lighting levels meet City standards but could be improved at certain locations to increase lighting of area sidewalks and travel areas. The roadway does not meet State warrants for Safety Lighting improvements so any lighting upgrade will need to be identified and paid for by the City. Staff is requesting that Council authorize up to $4,500 of the Annual Traffic Safety account ($15,000 annually) to review and improve lighting in the corridor. If approved, a review will be conducted in early summer 2006 and improvements implemented thereafter. The Focus Group also recommended the City conduct a Halloween Traffic Safety campaign in 2006 to raise awareness of pedestrian traffic safety issues associated with night time pedestrian 7- 7 ^ V7 b Z South Street Focus Group Recommendation Page 4 and vehicle issues. Staff concurs with this recommendation and recommends Council authorize up to$500 of Traffic Safety Account monies to be used for this purpose. South Street Reconfiguration (Road Diet) The most significant recommendation coming from the Group (and supported by Caltrans and City Staff)is the concept of a"road diet", reducing the number of travel lanes along South Street from four travel lanes to two travel lanes and a center turn lane. This traffic operation strategy reallocates the existing paved area and has been used by the City of San Luis Obispo and other jurisdictions to improve traffic safety and lower travel speeds along certain street corridors. Attachment 2 is a conceptual design of what a Road Diet along South Street could look like. (Important Note: This diagram is conceptual only and will need detailed revisions by the City and Caltrans to determine median locations, right turn lane needs,etc.) A larger copy of the diagram is included in the Council reading file as well as on the City web page at www.slocityorg. Attachment 3 is a copy of a recent publication of reviews of other successful road diets implemented by other jurisdictions. r r i r 1 r 1 r 1 ► � r 1 I 1 1 t i t t t 1 r Ir�jl 1 r 1 r 1 1 # 1 r 1 r 1 1 1 i 1 &Fa 0=n1„ren b RW D.= A=T CC naris 0 Etai 191 Figure 1.Example of A Road Diet This is not a new concept for the City. We have used the concept of reducing travel lanes to improve conditions along Pismo (Broad to Higuera) and on Johnson (Laurel to Orcutt) to improve turning movements and slow traffic. The Focus Group and Caltrans felt very strongly this was the most appropriate way to address the high speeds of traffic along the corridor without significantly effecting corridor operations. C 7--e Z South Street Focus Group Recommendation Page 5 Figure 2 Johnson Ave.Four]Lanes FIgure 3.Johnson Ave Road Diet—31Lanes City staff modeled the effects of the Road Diet concept and determined that the overall effect to corridor operations. A traffic simulation was presented to the Focus Group and the community meeting to show how the changes do not overly impact the street corridor. This simulation will be presented at the Council meeting. A significant reason why the Road Diet concept is feasible at this time is the upcoming completion of the Prado Road Extension from Higuera to Broad. This project is currently under design by the developers of the Margarita Area and it is anticipated that the extension will begin in the next 3-4 years. Once complete, staff estimates that a minimum of one third the traffic currently using South Street could be diverted to Prado Road because of the better connection from the Orcutt and Tank Farm areas to HWY 101. Even without this connection, all analysis conducted by Caltrans and the City indicate the Road Diet will not significantly affect the South Street corridor. Staff recommends that Council support in concent the reconfiguration of South Street firom four to three lanes and request Caltrans include the changes as part of the major roadway overlay project anticipated for 2007. Staff and Caltrans will now need to review the concept in detail to determine what configurations are necessary at each intersection (tum lanes, raised median refuge islands, planting) to make sure side street operations (such as Exposition,King Court and Bee Bee)are improved. Right of way along South Street and the location of curbs will not be significantly changed as part of the Road Diet. Therefore, if the need arises to convert back to four through lanes at some time in the future, the reconfiguration can be completed with little difficulty. � 7--c' Attachmar,t z South Street Focus Group Recommendation Page e CONCURRENCES The Public Works and Fire Departments have reviewed the focus group's recommendation and evaluated its impacts. The Fire Department has concluded that the reconfiguration would improve emergency response times because emergency vehicles will no longer be slowed down behind vehicles making left turns from the travel lane. FISCAL IMPACT The reconfiguration of South Street would be completed by Caltrans at no cost to the City. If the City chooses to change the road way back to four travel lanes, the City would pay for the design and construction. ALTERNATIVES 1. The City could go on record opposing the South Street reconfiguration. 2. The City could not take an action on the focus group's recommendation. Without formal support from the City, it is unlikely that Caltrans will proceed with changes to the current configuration of South Street when the roadway is repaved next year. ATTACHMENTS Attachment 1: Focus Group Recommendation Attachment 2: South Street Conceptual Road Diet Attachment 3: "Road Diets—Fixing the Big Roads" AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE Large Scale South Street Conceptual Road Diet I:\ CAR Reports\2006\Tmnsportmdon\.South King Focus Group\6.6-06 CARDOC C7-7'd Attachment Z . a _ au; I404-OW CL r- + X op 1�. 8 � bg � ¢ 8vC I Hs` s fs ,L� �gp €Y4 Q L CL N t autt40+4 At# chment� _z City Council Meeting Page 7 Tuesday,June 6,2006-4:00 p.m. necessary documents and the Mayor to execute a certificate of acceptance;motion carried 3:0:2(Ewan/Settle absent). C7. 2006-07 COMMUNITY PROMOTIONS CONTRACTS. This item was considered after Item B6. C8. PREFUMO CREEK SILT REMOVAL.SPECIFICATION NO.90581. ACTION: Moved by Mulholland/Brown to 1.Approve plans and specifications for "Prefumo Creek Silt Removal,Specification No.90581". 2.Authorize stall to advertise for bids. 3. Authorize the City Administrative Officer to award the construction contract It the lowest acceptable bid is within the engineer's estimate of$60,000; motion carried 4:0:1 (Ewan absent BUSINESS ITEMS Vice Mayor Settle was seated at 7:55 p.m.,during the staff presentation for the following item. 2. CALTRANS SOUTH STREET FOCUS GROUP RECOMMENDATIONS. Public Works Director Walter.introduced this item. He acknowledged members of the South Street Focus Group who would be speaking on behalf of the Group's recommendations. Deputy Director Public Works Bochum and Nevin Sams.Caltrans Safety Officer,presented the staff report and responded to questions. The following members of the South Street Focus Group spoke in support of the recommendations: Cody Relnhiemer. Jim Clark,and Thomas Athanasion. In addition,Mr. Athanasion circulated a letter from members of the Central Coast Low Vision Council who were supportive of the reconfiguration of the South Stmt corridor. Public Comments The following San Luis Obispo residents spoke in support of the recommendation: Jason Coon er•Ginter Kibbe. Kirt Collins(Principal of Hawthorne Elementary School),Peter Kardel and his oldest son,Havm KardeL Kevin Christian(Vice Chair of the Bicycle Advisory Committee, but speaking as a citizen),Scott Charman,Eugene Jud.LJanne Nicholson. Andrew Carter.Viv Dilts.Peter Rrown,Jim Lopes,and Helene Finger. During Public Comments,suggestions were made to install a road diet and roundabouts on High Street as well,and to consider"road diets' In other parts of the City. The suggestion was also made to establish a similar task force for the Prado Road extension. Terry Mohan,San Luis Obispo,spoke In opposition to the proposal. He said a traffic signal is needed at.King Street to slow traffic and that narrowing the street will cause congestion. Mile Vuiovich-LeBarre.San Luis Obispo,said that the extension of Prado Road from South Higuera to Broad Street Is unnecessary and offered an alternative suggestion(i.e.,from Santa Fe to an expanded Tank Farm Road.) She also suggested that a focus group be created for ' the extension of Prada Road. —end of public comments-- Attachment z City Council Meeting Page 8 Tuesday,June 6,2006-4:00 p.m. Vice Mayor Settle and Council Member Brown spoke in support of the staff recommendations. Council Member Mulholland expressed concern about single lanes In the vicinity of the Fire StatiorL She asked that,if this project proceeds, longer turn lanes and dropped Islands be considered. She explained why she did not support the recommendation to conduct a Halloween traffic safety campaign. Mayor Romero concurred with Council Member Mulholland's suggestion regarding the need for longer turn lanes. He raised the following concems/suggestions: 1)there is a need to address,perhaps with alternative routes,the Issue of slow vehicles such as tractors or wagons which will delay other vehicles;2)landscaping must not interfere with the visibility of vehicles making left-hand turns from side streets or oncoming traffic;and 3) bus stops/buses must not Interfere with bike lanes and bulb outs should not be placed where they come into traffic lanes where turns are made. He concurred with the recommendation to authorize the use of up to$5,000 to improve street lighting and conduct a Halloween traffic safety campaign. ACTION: Moved by Settle/Brown to 1. Support the South Street Focus Group recommendations to Caltrans regarding Improvements to the South Street corridor. 2.Support In concept the Focus Group recommendation to Caltrans that when South Street(Highway 227)Is repaved,the roadway be reconfigured as a three-lane roadway with raised islands,turn pockets,sidewalks, bike lanes and Increased on- street parking,the Road Diet 3.Direct staff to work with Celtrans on specifics of the design and location of project details(Le.turn pockets,raised Islands,etc.) during the preparation of construction drawings for the Road Dlet project 4. Authorize the use of up to$5,000 from the City's annual Traffic Safety money to improve street lighting and conduct a Halloween traffic safety campaign; motion Included concerns raised by Mayor Romero motion carried 4:0:1 (Ewan absent). Council Member Mulholland stated for the retard that she did not support the Halloween traffic safety campaign. Council recessed from 9:35 to 9:45 p.m. Council considered Consent Agenda Item C4 at this time. C4. MULTI-DWELLING FIRE AND LIFE SAFETY INSPECTION PROGRAM FEES. Fire Chief Callahan explained that the action before Council deals only with the continued collection of the fees on the property tax roll. He explalned that he will return to Council in the fall with a full report on the inspection process and the cost of services study. Vice Mayor Settle said that he will support the recommendation although he doesn't support the fee structure. ACTION: Moved by Brown/Settle to adopt Resolution No.9799/2006 Series) enabling the continued collection of multi-dwelling fire and life safety Inspection fees via the secured property tax roll administered by the County; motion carried 4:0:1 (Ewan absent). ATTACHMENT 3 District Agreement#05-CA-0204 05-SLO-227-PM R10.9/R14.2 05-OA4601 State SHOPP Project with Local Contribution CONTRIRLITION ArRFEMFNT THIS AGREEMENT, ENTERED INTO EFFECTIVE 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'. RFCITALS 1. STATE and CITY, pursuant to Streets and Highways Code section 130, are authorized to enter into a Contribution Agreement for improvements to State Highways within the City of San Luis Obispo. 2. STATE contemplates: a. rehabilitating the roadway with an asphalt concrete overlay with cross slope corrections; b. widening the San Luis Obispo Creek Bridge (Br. No. 49-0234) to provide for a five (5) foot sidewalk on the south side, and adding new bridge rails on the south and north sides; c. increasing the bike lane width where feasible; d. adding street parking; e. reducing the number of lanes and adding a raised median (with base and AC surfacing removed to a depth of 36 inches along a portion of the roadway while leaving the distance from curb to curb the same; f. upgrading existing curb ramps; g. adding curb ramps and sidewalks where necessary; h. and adding pedestrian buttons at existing signalized intersections, on State Route 227 (SR 227) between the north end of the East Fork San Luis Obispo Creek Bridge No. 49- 116 Oust before Tank Farm Road) to 0.2 kilometers west of the Madonna Road Overcrossing, collectively referred to herein as "PROJECT". 3. CITY desires and has requested STATE to install landscaping treatment consisting of 36 inches of topsoil, 2 inches of mulch, decorative rock paving and irrigation crossovers in the raised median along with PROJECT, referred to herein as "IMPROVEMENTS", and is willing to pay a lump sum of $150,000 toward construction costs of IMPROVEMENTS. 4. The parties hereto intend to define herein the terms and conditions under which IMPROVEMENTS are to be constructed, financed and maintained. Page 1 of 5 7^�/ ATTACHMENT 3 District Agreement #05-CA-0204 SFCTION I STATF ACR S- 1. To administer the construction contract for PROJECT and have the PROJECT construction contractor furnish and install IMPROVEMENTS as requested by CITY. 2. The cost of IMPROVEMENTS is $150,000 as shown on Exhibit A, attached to and made a part of this Agreement. 3. To submit an invoice to CITY, fifteen (15) days prior to STATE's bid advertising date of PROJECT construction contract, in the amount of $150,000, which figure represents CITY's agreed lump sum contribution toward construction cost of IMPROVEMENTS. SFCTION II CITY AGRFFS: 1. To deposit with STATE, within forty five (45) daysof receipt of billing therefor, the amount of $150,000, which figure represents the CITY's agreed lump sum contribution toward construction costs of IMPROVEMENTS, including the cost of IMPROVEMENTS' construction-related claims and the cost of STATE defense of any of those claims. 2. In the event estimate for IMPROVEMENTS is exceeded, CITY may, at its sole discretion, in writing, notify STATE within ten (10) days of bid opening, that CITY agrees to fund any amount over $150,000, or eliminate component(s) from IMPROVEMENTS to stay within the$150,000 budget, whichever is applicable, and no amendment to this Agreement will be necessary. 3. Irrigation including water service/meters, points of connection, controllers, mainline, valves, heads and planting, and connecting into the existing irrigation system at BeeBee Street will be addressed in a new Maintenance Agreement between STATE and CITY in the future. SF .TION III IT IS MUTILIALI Y AGR D- 1. All obligations of STATE under the terms of this Agreement are .subject to the appropriation of resources by the Legislature in the annual State Budget Act and the action of the California Transportation Commission (CTC) allocating resources to STATE for the purposes of fulfilling STATE's obligations herein. 2_. All IMPROVEMENTS work done in existing State Highway right of way shall be maintained by CITY. 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 its officers and employees from all claims, suits or actions of every name, kind and description brought forth under this Agreement, including, but Page 2 of 5 G ;7-1s � ATTACHMENT 3 District Agreement #05-CA-0204 not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 4. 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 and arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under this Agreement, including, but not limited to, tortious, 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. 5. This Agreement shall terminate upon completion of the IMPROVEMENTS construction contract by STATE and final disposition of CITY's required deposit as specified in Article 1 of Section II above, or on December 30, 2010, whichever is earlier in time. Page 3 of 5 ATTACHMENT 3 District Agreement#05-CA-0204 STATE OF CALIFORNIA CITY OF SAN LUIS OBISPO Department of Transportation 955 Morro Street San Luis Obispo, CA 93401 WILL KEMPTON Director By Mayor By RICHARD KRUMHOLZ District 5 Director Attest: By Approved as to form procedure: City Clerk By Approved as to form & procedure: Attorney, Department of Transportation Y Cif orney Certified as to form & procedure: } Certified as to funds: BY A o ing Administra or By Finance Director Certified as to funds Approved as to form t: By: District S Budget Manager P bli orks Director Page 4 of 5 � ATTACHMENT 3 District-Agreement #05-CA-0204 EXHIBIT A ESTIMATE OF COSTS EA OA4601 Description Total Cost City Share State Share Construction Costs - Roadwork $11,232,000 -0- $11,232,000 Median Landscaping Treatment 150,000 $150-000 TOTALS $11,382,000 $150,000 $11,232,000 Notes: In the event estimate for IMPROVEMENTS is exceeded, CITY may, at its sole discretion, in writing, notify STATE within ten (10) days of bid opening, that CITY agrees to fund any amount over $150,000, or eliminate component(s) from IMPROVEMENTS to stay within the $150,000 budget, whichever is applicable, and no amendment to this Agreement will be necessary. Page 5 of 5 ��/� Page 1 of 1 Stanwyck, Shelly From: Council, SloCity RECEIVED Sent: Wednesday,August 29, 2007 3:19 PM AUG 3 0 2007 To: Stanwyck, Shelly Subject: FW: Safety vs Tax Dollars(South St) SLO CITY CLERK From: vman54@netzero.net [mailto:vman54@netzero.net] Sent: Tue 8/28/2007 8:20 PM To: Council, SloCity Subject: Safety vs Tax Dollars (South St) There are plans to narrow South St. by means of a median in the works All this because of an accidents that took the life of a little girl, Halloween before last. The cost factor to implement this is huge, considering the problem of pedestrian crossing would be smarter addressed by either pedestrian operated signals or flashing crosswalks like those used downtown. The failure to install crosswalks between Broad St. and Higuera St. on South St. is part of the reason this little girl was killed. A median will congest traffic and still not provide safe crossing, especially for the handicapped, and will probably need to be removed years down the road due to the increase in traffic. I for one would prefer my tax dollars spent in a prudent manner as an intelligent individual would do, not misused as planned. A traffic study done today does not suffice for tomorrows needs. I would respectfully request a condensed response fit for publication, from the Governor, Cal Trans, and the City Council how you can justify the waste of tax dollars to install a median, when for multi-thousands less the problem can be solved and be much safer. Tax Payers deserve to know! Vants Anseth 1095 W. Grand Ave. Grover Beach, Ca. 93433 42 COUNCIL NCDD DIP RED FILE I�'ACAO 4e FIN DIR ATTORNEY FIRE CHIEF MEETING AGENDA i?ATTORNEY PV""A DATE 9� ITEM #L'7 ?DEPT HEADS POLICE CHF AEC Dip UTIL Ge HR DIRK Y oe4vci C 8/29/2007