Loading...
HomeMy WebLinkAbout04/05/1988, C-7 - CONSIDERATION OF COOPERATIVE AGREEMENT BETWEEN THE STATE AND THE CITY FOR THE TRAFFIC SIGNAL UPGRADE PROJECT AT MARSH AND NIPOMO AND HIGUERA AND BROAD, CITY PLAN NO. G07E. MEE 1111���1���1p=1111 CTCy O f Sall LUIIS OBISPO 4r l 5 April 5, 88 8j;% COUNCIL AGENDA REPORT ITEM NUMBE FROM: David F. Romero Wayne A. P.etereon Prepared by: Barbara Lynch Public Works Director City Engineer.�, Engineering Assistant/Traffi SUBJECT: Consideration of Cooperative Agreement Between the State and the City for the Traffic Signal Upgrade Project at Marsh and Nipomo and Higuera and Broad, City Plan No. G07E. RECOMMENDATION: Adopt Resolution Approving Cooperative Agreement. DISCUSSION: All of the traffic signal controllers in the downtown were installed in the 1950's and 19601s. These have not been upgraded since their original installation. Six of the controllers were replaced last year. The remaining are scheduled to be replaced this year. Three of the controllers needing replacement are on the State Highway 227. The Council previously approved a cooperative agreement for the intersection of Broad and Marsh Streets, Resolution No. 6155. The attached cooperative agreement would cover the remaining two intersections, Marsh and Nipomo and Higuera and Broad. SIGNIFICANT IMPACT: Both intersections involved are 50% City owned and 50% State owned. The cost of the two projects are estimated at $21 ,600 and $21 ,000. The cooperative agreement allows the City to build the project and identifies the City and State financial responsibility. The State will supply the controllers estimated to cost $8,000.00 each. This does not represent a 50% cost share, however, a majority of the cost of the upgrading is due to the City's own requirements which the State would not contribute to. The State's contribution is more than 50% of an exclusive controller upgrade. The alternative to approving the cooperative agreement would be to purchase the controllers ourselves with no participation from the State. The plans for this project showing the details of the project will be coming to the Council at a later date. If Council members are interested in an earlier review of this project, they should contact the Engineering Division. ACTION RECOMMENDED: Adopt resolution approving cooperative agreement. bl5/upgrade2 v RESOLUTION NO. (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE COOPERATIVE AGREEMENT FOR THE UPGRADING OF THE TRAFFIC SIGNAL AT BROAD AND HIGUERA STREETS AND AT MARSH AND NIPOMO STREETS WHEREAS, the Council has determined the need to upgrade the signal installation at Broad and Higuera Streets, and Marsh and Nipomo Streets, and WHEREAS, these intersections are part of the state highway system and therefore the state has agreed to participate in the project, NOW THEREFORE BE IT RESOLVED, that the Council of the City of San Luis Obispo hereby: 1 . Approves that the certain agreement attached hereto and marked Exhibit A, and incorporated herein by reference between the City of San Luis Obispo and the State of California, Department -of Transportation, and that the Mayor is authorized to execute the same. 2. Authorizes the City Clerk to transmit the original and three copies, e attaching to each a copy of the authorizing resolution to: J. Ritter Local Assistance Engineer Department of Transportation P. 0. Box 8114 San Luis Obispo, CA 93403-8114 for execution by the state. On motion of seconded by and on the following roll call vote: Resolution No. ( 1988 Series) Page Two. AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 1988. MAYOR ATTEST: CITY CLERK APPROVED: 1 ity Adm nistrative Officer City At rney L:�i== Finance Director i City Engineer b15/coop-agr by 05-SLO-227; PM 13.44 & 13.45 05351-344318 Intersections of: Higuera & Broad Streets, Marsh & Nipomo Street District Agreement No. 05A989 COOPERATIVE AGREEMENT This AGREEMENT, entered into on , 19 _, 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 RFyC I TALS 1. STATE and CITY contemplate modifying traffic control signals at the intersection of Higuera Street at Broad Street and Marsh Street at Nipomo Street along State Highway Route 227 referred to herein as "PROJECT" , and desire to specify the terms and conditions under which PROJECT is to be engineered, constructed, financed, operated and maintained. 2 . If any work involving high/low risk underground facilities or subsurface construction within said State highway is needed, STATE requires that said work be accomplished in accordance with STATE' s "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way" . 1 &7011 EXHIBIT "A" SECTION I CITY AGREES• (1) To provide all necessary preliminary engineering, including plans and specifications and utility identification and location, and all necessary construction engineering services for the PROJECT and to bear 100% CITY's share of expense thereof. (2) To identify and locate all high and low risk underground facilities within the PROJECT area and protect or otherwise provide for such facilities, all in accordance with STATE's "Manual on High and Low Risk Underground Facilities within Highway Rights of Way" . Costs of locating, identifying, protecting or otherwise providing for such high and low risk facilities shall be borne by the CITY as described in Section III, Article (8) . CITY hereby acknowledges the receipt of STATE' s "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way" and agrees to construct the PROJECT in accordance with such Manual. (3) To apply for necessary encroachment permits for required work within State Highway rights of way, in accordance with STATE's standard permit procedures. (4) To construct the PROJECT in accordance with plans and specifications of CITY, to the satisfaction of and subject to the approval of STATE. (5) To pay an amount equal to 100% of the PROJECT construction costs. (6) Upon completion of PROJECT, to furnish STATE a complete set of full-sized film positive reproducible as-built plans. (7) To maintain the entire traffic control signals as installed and pay an amount equal to 50% of the total maintenance costs, including electrical energy costs. SECTION II STATE AGREES• 1 . To provide two (2) each Model 170 Controller Assemblies to CITY, for the aforesaid PROJECT at no cost to CITY. Cost of said Controller Assemblies to STATE is approximately $16 ,000.00 . • 2 . That the aforesaid Model 170 Controller may be received by the CITY at Department of Transportation, District 5 , 50 Higuera Street, San Luis Obispo, California 93403-8114, upon STATE receiving 7 days advance written notice. 3 . To reimburse CITY for STATE' s proportionate share of the cost of maintenance of said traffic control signals, such share to be an amount equal to 508 of the total maintenance costs, including electrical energy costs. 4 . To operate the traffic control signals as installed and pay 100% of the operation cost. 2 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. Should CITY award a 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. 2 . Should any portion of the PROJECT be financed with Federal funds or State gas tax funds, all applicable laws, regulations and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 3 . That construction by CITY of improvements referred to herein which lie within STATE rights of way or affect STATE facilities, shall not be commenced until CITY' s original contract plans involving such work, have been reviewed and approved by signature of STATE' s District Director of District 05, or his delegated agent, and until an Encroachment Permit authorizing such work has been issued by STATE therefor. Receipt by CITY of CITY's contract plans signed by STATE shall constitute STATE's acceptance of and official approval of said plans. 4. That CITY will obtain the aforesaid Encroachment Permit through the office of STATE's District 5 Permit Engineer and that CITY' s application therefor shall be accompanied by reproducible tracings of aforesaid STATE approved contract plans. Receipt thereafter by CITY of the approved Encroachment Permit shall constitute CITY' s authorization from STATE to proceed with work which lies within 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, however, be contingent upon CITY' s compliance with all provisions set forth in said Encroachment Permit. 5 . CITY shall not advertise for bids to construct PROJECT until after an encroachment permit has been issued to CITY by STATE. 6 . Prior to award of the construction contract for the PROJECT, STATE may terminate this Agreement by Written notice. 7 . If termination of this Agreement is by mutual agreement, STATE will bear 08 and CITY will bear 100% of all costs incurred prior to termination. 8. If existing public and/or private utilities conflict with the construction of the PROJECT, CITY will make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. CITY will inspect the protection, relocation or removal , which if there are costs of such protection, relocation or removal CITY shall pay the cost of said protection, relocation or removal, plus cost of engineering overhead and inspection, in the amount of 1008 . If any 3 &/ 16 protection, relocation or removal of utilities is required, such work shall be performed in accordance with STATE policy and procedure. 9. Upon completion of all work under this Agreement, ownership and title to all signals, materials, equipment and appurtenances installed will be jointly shared in the ratio of 50% STATE and 50% CITY. 10. The cost of maintenance referred to herein shall include all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in accordance with STATE' s standard accounting procedures. 11. 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 not delegated to STATE 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 not delegated to STATE under this Agreement. 12. 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 .41 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. 13 . That, in the construction of said work, CITY will furnish a representative to perform the functions of a Resident Engineer, and STATE may, at no cost to CITY furnish a representative, if it so desires, and that said representative and Resident Engineer will cooperate and consult with each other, but the decisions of STATE' s representative shall prevail on work within STATE' s right of way. 4 0_7-7 14. That those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the PROJECT construction contract by CITY; however, the ownership,. operation and maintenance clauses shall remain in effect until terminated or modified in writing by mutual agreement . STATE OF CALIFORNIA CITY OF Department of Transportation LEO J. TROMBATORE By Director of Transportation Mayor By Attest: THOMAS L. POLLOCK City Clerk District Director APPROVED as to FORM and Approved as to Form: PROCEDURE Attorney City Atto ney , ' Department of Transportation CERTIFIED AS TO FUNDS AND PROCEDURE: District Accounting Officer