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
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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.
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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