HomeMy WebLinkAbout1990-04-24 - AGENDA REPORTS - SIERRA HWY TRAFFIC SIGNAL AGMT (2)s • •
AGENDA REPORT
City Manager Approval 4
Item to be presented .
CONSENT CALENDAR John E. Medina
DATE: April 24, 1990
SUBJECT: SIERRA HIGHWAY AT RAINBOW GLEN DRIVE
STATE/CITY T FIC SIGNAL AGREEMENT
DEPARTMENT: Public Work
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BACKGROUND
We have received several inquiries from the public and Council members regarding
the need for a traffic signal at the subject intersection. In response to these
requests, Caltrans has performed traffic signal warrant studies on the
intersection and has determined that warrants exist for the installation of a
traffic signal.
Since this portion of Sierra Highway is currently a State highway, we have had
several conversations with representatives from Caltrans requesting that the
traffic signal be installed. Since there are no current developer funds or
proposed development projects which could fund the signal system, Caltrans will
agree to fund two-thirds of the cost if the City would fund one-third. Their
rational is that two approaches of the intersection on Sierra Highway are under
Caltrans' jurisdiction, whereas one approach, Rainbow Glen Drive is the City's.
Attached is a draft agreement between the State and the City which would result
in the installation of a traffic signal at this location. Provisions of the
agreement are consistent with standard Caltrans agreements where similar
jurisdiction divisions exist. In essence, the agreement would provide that:
• The City would design and administer the construction project under
Caltrans' permit.
• Caltrans would pay two-thirds ($123,840.) of th-e total cost ($185,760.) of
the project.
• The City agrees to fund one-third of the total cost ($61,920.).
• Once the signal is installed, Caltrans would pay two-thirds of the
maintenance cost and the City would pay one-third of the maintenance cost.
Maintenance services would be provided by Caltrans.
We have reviewed the agreement and find that it will accomplish the basic goal
of a signal at Sierra Highway and Rainbow Glen Drive, however, we do propose the
following modifications to the agreement:
• That any encroachment permits secured by the City would be at no cost to us.
• If federal funding is used to pay the State's portion, that the estimates
of the total cost will be increased to reflect additional administrative
costs when Federal Highway Project Funds are used.
APPROVED Agenda Item:
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Sierra Highway at
Rainbow Glen Drive
Page 2
RECOMMENDATION
1. That the City Council approve in concept the draft agreement dated March 5,
1990 (District Agreement No. 3973) with modifications to funding and the
encroachment permit as enumerated above.
2. That the Director of Public Works be directed to send a copy of the
agreement with comments to Caltrans for further processing.
3. That the Council direct staff to include $61,920.00 for the project in the
upcoming 1990-91 fiscal year budget.
ATTACHMENT
Draft Agreement No. 7 -LA -14U 29.5 (District Agreement No. 3973)
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STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY- GEORGE DEUKMEJIAN, Governor
DEPARTMENT ,OF TRANSPORTATION
DISTRICT 7, 120 SO. SPRING ST. E'es
LOS ANGELES, CA 90012 ��
TDD (213) 620-3550 R E C E O V E D
( 213 ) 620-3540 MAR 13 1990
PUBLIC!t'OP,!,SDEIP RT6,Ellr,
CITY G" SAi A C:LZ- .F:'iTA
March 9, 1990 7 -LA -14-U 29.5
Sierra Highway and
Rainbow Glen Drive
Draft Cooperative
Agreement No. 3973
Mr. John Medina
Director of Public Works
City of Santa Clarita ?
23920 Valencia Boulevard
Valencia, CA 91355
Dear Mr. Medina:
Attached for your review and comment is a draft of Cooperative
Agreement No. 3973 for the installation.of traffic signals and
safety lighting at the intersection of_Sierra Highway and Rainbow
Glen Drive. Upon receipt of your approval and comment(s), we will
proceed to finalize the document for agency execution and signature.
If you have any questions concerning this draft, please call,me at
(213) 620-3540.
Sincerely,
/P7PETER I HSU
Senior Transportation Engineer
Traffic Operations Branch
Attachment
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2nd DST - 3/5/90
BBarringer:mw
Disk: Agreement/000
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THIS AGREEMENT, ENTERED INTO ON
7 -LA -14U 29.5
07351 - 400850
Sierra Highway at
Rainbow Glen Drive
District Agreement No. 3973
is between
the STATE OF CALIFORNIA, acting by and through its Department of'
Transportation, referred to herein as STATE, and
CITY OF SANTA CLARITA
a body politic and a municipal
corporation of the State of
California, referred to herein
as "CITY"
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RECITALS
(1) STATE and CITY contemplate installing traffic
control signals and safety lighting (and performing roadwork) at
the intersection of Rainbow Glen Drive with State Highway Route 14-U,
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".
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 CITY's share of the expense thereof, as
shown on Exhibit A, attached and made a part of this Agreement.
MOM
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(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 distributed and borne in the same manner as described in Section
III, Article (12). CITY hereby acknowledges the receipt of STATE's
"Manual on High and Low Risk Underground Facilities Within Highway
Rights of Way" amd 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) That PROJECT will be advertised, awarded, and
administered in accordance with STATE's current Local Programs
Manual, volume.II.
(5) To construct the PROJECT in accordance with plans
and specifications of CITY, to the satisfaction of and subject to
the approval of STATE.
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(6) To pay an amount equal to one-third of the PROJECT
construction costs, as shown on Exhibit A but in no event shall
CITY's obligation for PROJECT construction costs under this
Agreement, excluding costs referred to in Section III, Article (12),
exceed the amount of $55,000; provided that CITY may, at its sole
discretion, in writing, authorize a greater amount.
(7) Upon completion of PROJECT and all work incidental
thereto, to furnish STATE with a detailed statement of the total
engineering and construction costs to be borne by STATE and to refund
to STATE (promptly after completion of CITY's audit) any amount of
STATE's deposit required in Section II, Article (1) remaining after
actual costs to be borne by STATE have been deducted or to bill STATE
0 for any additional amount required to complete STATE's financial
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obligation pursuant to this Agreement, subject to the limitations of
STATE's participation as stipulated in said Section II, Article (1).
(8) Upon completion of PROJECT, to furnish STATE a
complete set of full-sized film positive reproducible as -built
plans.
(9) To reimburse STATE for CITY's proportionate share of
the cost of maintenance of said traffic control signals and safety
lighting, such share to be an amount equal to one-third of the total
maintenance costs, including electrical energy costs.
:KIM
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(10) 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 final payment, all records and accounts relating to
construction of the PROJECT.
SECTION II
STATE AGREES:
(1) To deposit with CITY within 25 days of receipt
of billing therefor (which billing may be forwarded immediately
following CITY's bid advertising date of a construction contract
for PROJECT) the amount of $113,840, which figure represents
STATE's estimated share of the expense of preliminary engineering,
construction engineering, and construction costs required to
complete PROJECT, as shown on Exhibit A. STATE's total obligation
for said anticipated project costs under this Agreement shall not
exceed the amount of $125,000 excluding costs referred to in
Section III, Article (12).
(2) STATE's share of the construction cost (estimated
to be $96,000) shall be an amount equal to two-thirds of the total
actual construction cost as determined after completion of work
and upon final accounting of costs.
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(3) STATE's share of the expense of preliminary
engineering shall be an amount equal to two-thirds of the CITY's
actual costs for preliminary engineering for the entire PROJECT.
(4) STATE's share of the expense of construction
engineering shall be an amount equal to two-thirds of the CITY's
actual costs for construction engineering for the entire PROJECT.
(5) To pay CITY upon completion of all work and
within 30 days of receipt of a detailed statement made upon final
accounting of costs therefor, any amount over and above the aforesaid
advance deposit required to complete STATE's financial obligatiorL
pursuant to this Agreement, provided that STATE's total obligation does
not exceed the amount as stipulated in Article (1)
of this Section II, exclusive of utilities referred to in Section
III, Article (12).
(6) To maintain the entire traffic control signals
and safety lighting as installed and pay an amount equal to
two-thirds of the total maintenance costs, including electrical
energy costs.
(7) To operate the traffic control signals as installed
and pay 100% of the operation costs.
(8) To furnish the traffic signal control equipment
for project. This equipment shall consist of signal controller
unit and signal control cabinet. The estimated cost of this
STATE -furnished equipment is $10,000 and the actual cost to STATE
shall be deducted from the STATE's share of the PROJECT costs.
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(9) To issue, upon proper application by CITY and by
CITY CONTRACTOR, the necessary encroachment permits for required
work within the State Highway rights -of way.
(10) To prepare a "Project Report" justifying the need
for PROJECT, to prepare all necessary environmental evaluation and
clearance documents and to furnish copies of these documents to
CITY in a timely manner.
(11) To provide a State Project Coordinator to coordiriate
and promptly review the work of CITY and its consultants, if any,
during the preparation of PS&E for PROJECT.
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.
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(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 7, 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 7 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 right-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.
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(5) That CITY's contractor will also be required to
obtain an Encroachment Permit from STATE prior to commencing any
work which lies within STATE rights-of-way or which affects STATE
facilities. The application for said Encroachment Permit shall be
made through the office of STATE's District Permit Engineer.
(6) 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 (1).
(7) After opening of bids, STATE's estimate of cost
will be revised based on actual bid prices. STATE's required
deposit under Section II, Article (1) above will be increased or
decreased to match said revised estimate. If deposit increase or
decrease is less than $1,000, no refund or demand for additional
deposit will be made until final accounting.
(8) After opening bids for the PROJECT and if bids
indicate a cost overrun of no more than 10% of the estimate will
occur, CITY may award the contract.
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(9) If, upon opening bids, it is found that a cost
overrun exceeding 10% of the estimate will occur, STATE and CITY
shall endeavor to agree upon an alternative course of action. If,
after 30 days, an alternative course of action is not agreed upon,
this Agreement shall be deemed to be terminated by mutual consent
pursuant to Article (11) of this Section III.
(10) Prior to award of the construction contract for
the PROJECT, STATE may terminate this Agreement by written notice
provided that STATE pays CITY for all costs incurred by CITY prior
to CITY's receipt of said notice, such costs not to exceed
expenditures of $18,720.
(11) If termination of this Agreement is by mutual
0 agreement, STATE will bear two-thirds and CITY will bear one-third
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of all costs incurred prior to termination, with total costs not to
exceed $18,720.
(12) 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 which STATE and CITY must
legally pay, STATE and CITY will share in the cost of said
protection, relocation or removal, plus cost of engineering
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overhead and inspection, in the amount of two-thirds STATE and
• one-third CITY. If any protection, relocation or removal of
utilities is required, such work shall be performed in accordance
with STATE policy and procedure. STATE will pay its share at the
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time of final billing based on actual costs.
(13) Upon completion of all work under this Agreement,
ownership and title to all signals, materials, equipment and
appurtenances installed within STATE's right-of-way will
automatically be vested in the STATE, and all signal(s), materials,
equipment and appurtenances installed outside of STATE's
right-of-way will automatically be vested in the CITY, and no
further agreement will be necessary to transfer ownership as
hereinabove stated.
(14) The cost of any engineering or 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.
(15) 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.
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(16) 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 dome
or omitted to be done by STATE under or in connection with any work,
authority, or jurisdiction delegated to STATE under this Agreement.
(17) 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-o,f-way.
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(18) That those portions of this Agreement pertaining to
the constrution of PROJECT shall terminate upon completion end
acceptance of the PROJECT construction contract by CITY or on April
30, 1992, whichever is earlier in time; however, the ownership,
operation and maintenance clauses shall remain in effect until
terminated or modified in writing by mutual agreement.
STATE OF CALIFORNIA
Department of Transportation
ROBERT K. BEST
Director of Transportation
By
District Director
Approved as to form and procedure
Attorney, Department of Transportation
Certified as to funds and procedure
District Accounting Officer
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CITY OF SANTA CLARITA
By
JO ANNE DARCY, Mayor
Attest:
GEORGE A. CARAVALHO
City Clerk
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7 -LA -14U 29.5
07351 - 400850
District Agreement No. 3973
EXHIBIT A
ESTIMATE OF COST
Total Est.
Description
Construction Cost
Engineering Cost
Prel. Eng. (Non -Labor)
1.8% of Construction Cost
Prel. Eng. (Labor -Only)
7.5% of Construction Cost
Prel. Eng. (Overhead)
49% of 7.5% = 3.7% of
Construction Cost
Constr. Eng. (Non -labor Only)
3.6% of Construction Cost
Constr. Eng. (Labor Only)
8.3% of Construction Cost
Construction Cost (Overhead)
49% of 8.3% = 4.1% of
Construction Cost
Totals
Credit to State for
State Furnished Controller
X144,000
2,590
10,800
5,330
5,180
11,950
5,910
$185,760
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City's
Share
$ 48,000
860
3,600
1,780
1,730
3,980
1,970
$61,920
State's
Share
$ 96,000
1,730
7,200
3,550
3,450
7,970
3,940
$123,840
10,000
$113,840