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HomeMy WebLinkAboutReso 72-1993RESOLUTION NO. 72-93 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING A COOPERATIVE AGREEMENT WITH CALTRANS FOR THE EL CAMINO REAL TRAFFIC SIGNAL IMPROVEMENTS PROJECT WHEREAS, South San Francisco has obtained a State Fuel Efficient Traffic Signal Management grant to pay for the traffic engineering analysis; and WHEREAS, the results of the analysis indicated some improvements that could be made to improve the traffic flow, thus reducing air pollution from vehicle exhaust emissions; and WHEREAS, the project will provide a continuous system of interconnecting cable, and the capability to continuously monitor and adjust all the intersections along the route; and WHEREAS, the total cost of the project is $1,068,000. A total of $960,000 is already guaranteed and included in the adopted Regional Transportation Improvement Program and a supplemental $108,000 is in the process of being formally approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco, California that: 1. It hereby approves the Cooperative Agreement with Caltrans for design and construction of the E1 Camino Real Traffic Signal Improvements project, attached hereto as Exhibit "A". 2. It hereby authorizes the City Manager to execute the Cooperative Agreement and any and all documents necessary to assure that the City obtains and appropriately expends the above-described funds. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 23rd day of June , 1993 by the following vote: AYES: Councilmembers Jack Draqo, Joseph A. Fernekes, John R. Penna, Robert Yee, and Mayor Roberta Cerri Teqlia NOES: None ABSTAIN: None ABSENT: None EXHIBIT A TO RESOLUTION NO. 72-93 4-SM-82 15.5/25.2 4275-17160K Dist. Agmt. No. 4-1493-C Document No. SM-41- COOPERATIVE AGREEMENT This AGREEMENT, entered into on · is between the STATE OF CALIFORNIA, acting by and through its De- partment of Transportation, referred to herein as STATE, and CITY OF SOUTH SAN FRANCISCO, 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 Sections 114 and 130, are authorized to enter into a Cooper- ative Agreement for improvements to State highways within CITY. (2) CITY desires State highway improvements consisting of interconnecting existing traffic signal systems and performing roadwork on Route 82 from Millbrae Avenue in the City of Millbrae to HilLside Boulevard in Daly City, referred to herein as "PROJECT", and is willing to fund from Federal and State grants one hundred percent (100%) of all capital outlay· preliminary en- gineerSng and construction engineering costs. (3) This PROJECT is to be one hundred percent (100%) financed by Federal and State funds, such funds will be adminis- -1- Dist. Agmt. No. 4-1493-C tered through STATE (District Local Streets and Roads Branch) to CITY. (4) The parties hereto intend to define herein the terms &nd conditions under which PROJECT is to be engineered, constrLcted, financed, and maintained. STATE AGREES: (1) SECTION I To provide all necessary preliminary engineering, including plans and specifications and utility identification and location, and all necessary construction engineering services for PROJECT. The services to be provided by STATE are referred to herein as "PRELIMINARY ENGINEERING" and "CONSTRUCTION ENGINEER- ING'' for the purpose of determining CITY's itemized cost of these services. (2) To construct PROJECT by contract in accordance with plans and specifications of STATE. (3) To administer the construction contract for PROJECT and have the PROJECT construction contractor furnish and install PROJECT as requested by CITY. (4) To establish an internal billing process such that services performed by STATE will be billed and reimbursed di- rectly by relevant Federal and State funding sources through the District Local Streets and Roads Branch. -2- Dist. Agmt. No. 4-1493-C (5) To waive indirect costs (functional and administra- tive overhead assessment costs) for preliminary and construction engineering for PROJECT. (6) To establish separate PROJECT accounts to accumu- late Charges for all costs for PROJECT. (7) To furnish CITY quarterly project expenditure re- port. (8) To consult with CITY and obtain approval on all change orders before implementation, except when necessary for the safety of motorists and/or pedestrians or for the protection of property. (9) Upon completion of PROJECT and all work incidental thereto, to furnish CITY with a detailed statement of the total actual costs of construction and services for PROJECT, including the costs of any contract claims which have been allowed to the construction contractor. SECTION II CITY AGREES: (1) To bear one hundred percent (100%) of the actual cost of PRELIMINARY ENGINEERING for PROJECT, estimated to be $194,000 and to bear one hundred percent (100%) of the actual cost of CONSTRUCTION ENGINEERING for PROJECT, estimated to be $94,000. Said costs of services shall include costs of providing personnel resources and their equipment and all direct costs ex- cept for indirect costs (functional and administrative overhead -3- Dist. Agmt. No. 4-1493-C assessment costs) pursuant to Article (5) of Section ! of STATE's services attributable to such work applied in accordance with STATE's standard accounting procedures. The actual cost of ser- vices for PROJECT shall be determined after completion of all work and upon final accounting of costs. (2) To bear one hundred percent (100%) of the total actual construction cost of PROJECT, estimated to be $672,000, including the cost of work, change orders, contractor, and the PROJECT-related claims STATE-furnished materials, supplemental contract claims paid to the construction cost of STATE's defense of all which may be filed by said contractor. The actual construction costs of PROJECT shall be determined af- ter completion of all work and upon final accounting of costs. (3) If cost of PROJECT, at any time, is anticipated to exceed the amount allowed from grants, STATE and CITY shall con- sult upon a course of action. (4) STATE's construction contract claims process will be used in consultation with CITY. CITY shall abide by the out- come of said claim process. SECTION III IT IS MUTUALLY AGREED : (1) Ail obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legis].ature and the allocation of resources by the California Transportation Commission. -4- Dist. Agmt. No. 4-1493-C (2) Should any portion of PROJECT be financed with Fed- eral funds or STATE gas tax funds, all applicable laws, rules and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. (3) STATE's goals for utilization of Disabled Business Enterprise (DBE) will be included in the construction contract. The contract goals will be based on a technical analysis of con- tract items and certified DBE subcontractors in the area. STATE will award PROJECT to the lowest responsible bidder who meets the goals or who made,in the sole judgement of STATE, a good faith eff6rt to do so. (4) STATE shall not advertise for bids to construct PROJECT until after this Agreement is executed by both parties thereto. (5) After opening of bids for construction of PROJECT, estimate of cost will be revised based on actual bid CITY's prices. (6) If, after opening bids for PROJECT, the lowest re- sponsible bid is not more than 15~ of the Engineer's Estimate, STATE may award the contract, except that immediately after open- ing of bids, STATE and CITY may conduct a joint review of the bid item prices, if so requested by CITY. (7) If CITY does not agree with the aforementioned bid item prices, CITY may terminate this Agreement within twenty-five (25) days of the opening of bids pursuant to the provisions of Article (9) of this Section III. -5- Dist. Agmt. No. 4-1493-C that by more than action. If, agreed upon, (8) If, upon opening of bids for PROJECT, it is found 5he lowest responsible bid exceeds the Engineer's Estimate 15%, STATE and CITY shall consult upon a course of after thirty (30) days, a course of action is not this Agreement shall be deemed to be terminated by mutual consent pursuant to Article (10) of this Section III. (9) Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement, in writing, provided that CITY pays STATE for all PROJECT related costs incurred by STATE, under terms of this Agreement. (10) If termination of this Agreement is by mutual con- sent, CITY will bear one hundred percent (lOOK) of all PROJECT related costs incurred by STATE pursuant to this Agreement. (11) After award of the construction contract for PROJECT, should CITY, after a request by STATE, not authorize funding beyond the amounts stated in Articles (1), (2) and (3) of Section II above, STATE shall insure that all operating roadways are in a safe and satisfactory permanent operating condition and then shall cease work on PROJECT. Additional costs incurred in excess of payments made will be billed and subject to payment by CITY within thirty (30) days or STATE, acting through the State Controller, may withhold an equal amount from future apportion- ments due CITY from the Highway User Tax Fund. (12) If existing public and/or private utility facili- ties conflict with PROJECT construction or violate STATE's encroachment policy, STATE shall make all necessary arrangements -6- Dist. Agmt. No. 4-1493-C with the owners of such facilities for their protection, relo- cation or removal. STATE shall inspect the protection, relo- cation or removal. If there are costs of such protection, relocation or removal which STATE and CITY must legally pay, CITY shall pay 100~ for the cost of said protection, relocation or re- moval, plus cost of engineering overhead and inspection. If any protection, relocation or removal of utilities is required, such work shall be performed in accordance with STATE's policy and procedure for those facilities located within the limits of work providing for the improvement to the State highway and in accord- ance with CITY policy for those facilities outside of the limits of work providing for the improvement to the State highway. (13) If, during PROJECT construction, any unforeseen conflict with existing public and/or private utility facilities occur, or if there is a significant change required in any ap- proved utility relocation plan, then the provisions of STATE's curren~ Standard Specifications Section 8-1.10 (Utilities and Non-Highway Facilities) shall apply. (14) In the construction of PROJECT, CITY may, at no cost to STATE, furnish a representative, if it so desires. Said representative and STATE's Resident Engineer will cooperate and consult with each other, but the decisions of STATE's Resident Engineer shall prevail as final, binding and conclusive in all matters concerning the PROJECT construction contract. (15) If any unforeseen potential hazardous waste sites are encountered during construction of PROJECT, STATE and CITY -7- Dist. Agmt. No. 4-1493-C shall meet and confer on a course of action. The responsibil- ities and costs for any action shall be covered by amendment to this Agreement. (16) Upon completion and acceptance of the PROJECT con- struction contract by STATE, STATE will accept control of and maintain, at its own cost and expense, those portions of PROJECT lying within STATE's right of way. (17) STATE will operate the traffic interconnection signal system as installed and pay one hundred percent (100%) of the operation cost. (18) Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances in- stalled 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 be automatically vested in CITY. No further agreement will be necessary to transfer owner- ship as hereinabove stated. (19) Nothing in the provisions of this Agreement is in- tended to create duties or obligations to or rights in third par- ties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. (20) Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in con- -8- Dist. Agmt. No. 4-1493-C nection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully de- fend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in con- nection with any work, authority or jurisdiction delegated to CITY under this Agreement. (21) Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in con- nection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on ac- count of injury (as defined in Government Code Section 810.8) oc- curring 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. (22) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incor- porated herein shall be binding on any of the parties hereto. -9- Dist. Agmt. No. 4-1493-C (23) Except as otherwise provided in Articles (9) and (10) of this Section III, those portions of Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the construction contract for PROJECT by STATE, or on June 30, 1998, whichever is earlier in time. However, the ownership, operation, liability, and maintenance clauses shall remain in effect until terminated or modified in writing, -10- Dist. Agmt. No. 4-1493-C by mutual agreement. Should any construction-related claim aris- ing out of PROJECT be asserted against STATE, CITY agrees to ex- tend 5he termination date of this Agreement and provide additional funding as required or execute a subsequent agreement to cover those eventualities. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation CITY OF SOUTH SAN FRANCISCO By Deputy District Director APPROVED AS TO FORM AND PROCEDURE By Attest: (Mayor) (City Clerk) ATTORNEY Department of Transportation APPROVED AS TO FORM AND LEGALITY CERTIFIED AS TO FUNDS AND PROCEDURE City Attorney District Accounting Administrator ! hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of payment to STATE stipulated in the above Agreement: Fiscal Officer -11-