HomeMy WebLinkAboutResolution 095-88 RESOLUTION NO. 95-88
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
APPROVING THE COOPERATIVE AGREEMENT FOR THE INSTALLATION
OF THE TRAFFIC SIGNAL AND RECONSTRUCTION OF THE ROADWAY AT
EL CAMINO REAL AND WEST MALL
WHEREAS, the California Department of Transportation
has determined the need for a signal installation at El
Camino Real and West Mall , and
WHEREAS, the California Department of Transportation
has prepared plans and specifications for this project , and
WHEREAS, the City recognizes the importance of the
upgrade and modification of the intersection, and
WHEREAS, the City of Atascadero is a 33 percent owner
of this intersection,
NOW, THEREFORE BE IT RESOLVED, that the Council of the
City of Atascadero hereby:
1 . Approves that the certain agreement attached
hereto and incorporated herein by reference between the
City of Atascadero and the State of California, Department
of Transportation, and that the Mayor is authorized to
execute the same.
2 . Authorize the City Clerk to transmit the original
and two copies , attaching to each a copy of the authorizing
resolution to ;
Vaughn Newlander
Local Assistance Engineer
Department of Transportation
P.O. Box 8114
San Luis Obispo, CA 93403-8114
for execution by the State.
3. Directs the City Finance Director to deposit with
the state within 25 days of receipt of billing from the
state, $112,487 for construction and engineering costs .
On motion of Councilman MACKEY ,seconded by
Councilman DEXTER and on the following roll call
vote.-
AYES:
ote:AYES: COUNCILMEMBERS DEXTER, MACKEY, SHIERS AND MAYOR BORGESON
NOES: NONE
ABSENT: COUNCILMAN LILLEY
the foregoing Resolution was passed and adopted this 13th
day of September, 1988.
ATTEST
BOYD C SHARITZ BONITA BORGES N
City Clerk Mayor
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
. V
*REG. JO ENSEN PAUL M. SENSIBAUGH
r e Dir , of Public Works
City Engineer
5-SLO-41-16 . 22
t-202-254701
State Highway Route 41 (El Camino
Real) at West Mall
District Agreement #05A695
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON SEPTEMBER 13, 1988
is between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as "STATE" , and
CITY OF ATASCADERO,
a body politic and a municipal
corporation of the State of
California, referred to
herein as "CITY"
RECITALS
( 1 ) STATE and CITY contemplate installing traffic
control signals and safety lighting (and performing roadwork) at
the intersections of El Camino Real and West Mall with State
Highway Route 41 , referred to herein as "PROJECT" , and desire to
specify the terms and conditions under which PROJECT is to be
engineered, constructed, financed, and maintained.
SECTION I
STATE AGREES:
( 1 ) To provide all necessary preliminary engineering ,
including plans and specifications , and all necessary
construction engineeringservices for the PROJECT and to bear
STATE'S share of the expense thereof, as shown on Exhibit A
attached and made a part of this Agreement
( 2 ) To construct the PROJECT by contract in accordance
with the plans and specifications of STATE.
( 3 ) To pay an amount equal to 49% of the PROJECT
construction costs , as shown on Exhibit A but in no event shall
STATE' s total obligation for PROJECT construction costs, under
this Agreement, excluding costs referred to: in Section III ,
Article ( 9 ) , exceed the amount of $85 , 800 ; provided that STATE
may, at . its sole discretion, in writing, authorize a greater
amount._
(4) Upon completion of PROJECT and all work incidental
thereto, to furnish CITY with a detailed statementofthe portion
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aforesaid advance deposit required to complete CITY' S financial
obligation pursuant to this agreemeitt.
(6 ) To reimburse STATE for CITY'S proportionate share
of the cost of maintenance of said traffic control signal(s) and
safety lighting, such share to be amount equal to 33% of the
total maintenance costs, including electrical energy costs .
(7 ) To furnish the necessary right-of-way unless
otherwise provided for.
(8) To certify to STATE that the right-of-way is owned
by CITY or that CITY had Right of Entry to do work prior to
advertisement of PROJECT by STATE.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS:
( 1 ) All obligations of STATE under the terms of the
Agreement are subject to . the appropriation of resources by the
Legislature and the allocation of resources by the California
Transportation Commission.
( 2 ) STATE shall not award a contract for the work
until after receipt of CITY'S deposit required in Section II,
Article ( 1 ) .
( 3 ) Should any portion of the PROJECT be financed with
Federal funds or State gas tax funds all applicable procedures
and policies relating to the use of such funds shall apply
notwithstanding ..other provisions of this Agreement.
( 4) After opening of bids CITY' s estimate of cost will
be revised based on actual bid prices . CITY' 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 .
( 5 ) After opening bids for the PROJECT and if bids
indicate a cost overrun of no more than 10% of the estimate will
occur, STATE may award the contrast.
(6) If_, upon opening of 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 60 days,, an alternative course of action is not agreed
upon, this Agreement shall be deemed to be terminated by mutual
consent pursuant to Article (8) of this Section III
( 7 ) Prior to advertising for bids for the PROJECT,
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reason of anything done or omitted to be done by STATE under or
in connection with any work, authority or jurisdiction not
delegated to CITY under this Agreement.
( 14 ) That, in the construction of said work, STATE
will furnish a representative to perform the functions of a
Resident Engineer, and CITY may, at no cost to STATE, 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 engineer shall prevail.
(15 ) That execution of this Agreement by CITY grants
to STATE the right to enter upon CITY owned lands to construct
the PROJECT referred to herein.
( 16) That this Agreement shall terminate upon
completion and acceptance of the PROJECT construction contract by
STATE or on June 30, 1990 , whichever is earlier in time ; however,
the ownership and maintenance clauses shall remain in effect
until terminated, in writing,- by mutual agreement . Should any
claimarisingout of this project be asserted against STATE, CITY
agrees to extend the termination date of this Agreement and
provide additional funding as required to cover CITY' s
proportionate share of costs or execute a subsequent agreement to
cover those eventualities .
STATE OF CALIFORNIA CITY OF ATASCADERO
Department of Transportation
ROBERT K. BEST
Director of Transportation `
By
ayor
By BONITA BORGESON 1
District Director
Attest:
City, Clerk
Approved as to form and procedure BOYD C. SHARITZ
Approved as to Content
Attorney, Department of Transportation
Public works Director
PAUL M. SENSIBAUGH
Certified as to funds and procedure
Approved as to Form
District Accounting Officer By `
7 p'
A t srr yy
EFFREYG G: JORGENSEN
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