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Home My WebLink AboutRESO 5768• . , ,,. ' • • ORIGINAL RESOLUTION NO. 5768 ------ RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING THE COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE STATE OF CAL!FORNIA FOR THE INSTALLA- TION OF A TRAFFIC CONTROL SIGNAL SYSTEM AT MAYBELL AVENUE AND EL CAMINO REAL WHEREAS, the Council approved a zone change to Planned Community zone for the "Barron Square" project on Maybell Avenue near El Camino Real in May, 1977, subject to the condition that the developer pay the cost of the installation of a traffic signal at the intersection of Maybell Avenue and El Camino Real; and WHEREAS, the Department of Transportation for the State of California will construct the traffic signal system which is located in part on a State Highway; and WHEREAS 1 an agreement between the City and State is necessary to set out the responsibilities of the parties. NOW, THEREFORE, the Council of the C;ty of Palo Alto does RESOLVE as follows: SI::CTION 1. The Agreement attached hereto as Exhibit "A" is hereby approved, ana the Council authorizes the appropriate City officials to execute the Agreement. SECTION 2. The Council finds that this is not a project under the California Environmental Quality Act, and, therefore, no environ- mental impact assessment is necessary~ INTRODUCED AND PASSED: February 4, 1980 AYES~ Brenner, Eyerly, Fazzino, Fle.tcher, Henderson, L.evy, Renzel, Sher, Witherspoon NOES: None. ABSENT: None ABSTENTIONS: ~*~- APPROVED AS TO FORM: e a.1( 1\:1 - nt City Attorney ECM:els 4CD802 l 2 AGRF.:EMEN'r • 04-SCl-82 PM 22.8/22.9 04220 -403231 Dist. Agmt. Ne. 4-0771-C Document No. SCl-43----- THIS AGREEMENT, ENTERED INTO ON~~~~~~~~~-' 1980, 3 IS BE'l'WF.EN 4 5 6 7 8 9 10 ll AND CITY OF PALO ALTO, a body politic and a municipal corporation of the State of California, referred to herein as "CITY• STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE•. 12 RECITALS 13 {l) STATE and CITY contemplate i11stalling traffic 14 control signal system, safety lighting and channelization at the 15 intersection of State Highway Route 82 (El Camino Real) with 16 Maybell Avenue and El Camino .way, in Palo Alto, referred to herein 17 as •PROJECT". 18 {2) CITY is willing to contribute the lump sum 19 I amount of $87 ,010 towards the construction L-OSt of t:.he l>ROJECT. 20 21 22 23 24 25 (3) STATE is willing to bear the expense of preliminary engjneering, constructi0n engineering and the portion of the construction cost not borne by CI'7t. (4) This Agreement sets forth the terms and conditions under which the PROJECT is to be installed, financed and maintaifled. -1- l 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 4co802 STATE AGREES: SECTION I . -... • (1) To provide plans and specifications and all necessary construction engineering services for the PROJECT, all ,. at STATE's sole expense. (2) To construct the PROJECT by contract in accordance with plans and specifications of STATE. (3) To furnish and install, by STATE's forces and at STATE's sole expense, all the traffic striping, pavement marking and traffic signa (except for mC\st arm mounted signs) that are required for the PROJECT. Mast arm mounted signs shall be furnished by STATE but shall be installed. by STATE's contractor as part of the electrical wo~k. (4) To pay all construction costs of PROJECT which exceed t87,000; but in no event shall STATE's total obligation for construction cost under this Agreement exceed the amount of $50,0001 provided that STATE may, in its sol~ discretio in writing, authorize a greater amount. (5) If, after compl-et~on cf vo~k and £inal accoun~ing of costs, it is found that the construction cost is less than $87,000, STATE shall refund the remainder to CITY. (6) To maintain and operate the entire traffic control signal system and safety lighting as installed and pay an amount equal to SO percent of the total maintenance and operation costs. -2- l 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4cD802 SECTION II . ;. CITY AGREES: (1) To deposit with STATE within 25 days of receipt of billing therefor (which billing will be forwarded immediately following STATE's bid advertising date of a construction contract for PROJECT), the lump sum amount of $87,000, whi~h figure represents CITY's total participation towards the construction cost of the PROJECT. In no event shall CITYts total obligation for construction cost unde~ this Agreement exceed the amount of $87,000. (2) To reimburse STATE for CITY's proportionate share of the cost of maintenance and operation of said traffic control signal system and safety lighting, such share to be an amount equal to 50 percent of the total maintenance and operation cost. (3) The construction cost referred to herein shall include the cost of STATE-furnished traffic control equipment and the cost of all other STATE-furnished materials, if any .. SECTION III IT IS MUTUALLY AGREED AS FOLLCMS: (1) All obligations of STATE under the terms of this Agreement are subject to the allocation of resources by the Legislature and the california Transportation Commission. -3- - ~ l l 2 3 4 5 6 7 a 9 10 11 12 l'=l .., 14 15 16 17 18 19 20 21 22 23 24 25 4cDBo2 (2) STATE shall not award a contract for the work lmtil after receipt of CITY' s deposit required in SectiQn II(l). (3) Neither STATE nor any officer or employee ... thereof shall be responsible for any damage or ·1iabil i ty occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority o~ jurisdiction delegated to CITY under this Agreement. It i.s also agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold STATE harmless ir?m 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, author~ty or jurisdiction delegated to CITY under this Agreement. (4) 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 connection with any work, authority or jurisdiction not delegated to CITY 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 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. -4- - • l 2 3 4 5 6 7 8 9 10 ll ~ 13 ~ 15 ~ 17 18 19 20 21 22 ~ 24 25 4co802 (5) Should any portion of the PROJECT bP 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. (6) 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. (7) Prior to advertising for bids for the PROJECT, CITY may terminate this Agreement in writing, provided that CIT"l pays STATE for all costs incurred by STATE. (8) In the construction of said work, STATE will furnish a representative to perform the usual functions of a Resident Engineer, and CITY may, at no cost to STATE, furnish a represent~tive, if it so desires; said representative and Resident Engineer will cooperate and consult with each other, but the decisions of STATE's engineer shall prevail. (9} The execution of this Agreement by CITY grant lo STATE the right to enter CITY-owned lands to construct the PROJECT referred to herein. (10) Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed will be vested in the STATE and no further Agreement will be necessary to transfer ownership to the -s-I I l 2 3 4 5 6 7 8 9 10 ll 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 4CD8o2 STATE. . ;. (11) If existing public and private utilities conflict with the construction of the PROJECT, STATE will make all necessary arrangements with the o~ners of such utilities for their removal or relocation. STATE will inspect the removal or relocation of such utilities. If there are no existing provisions for removal or relocation of utilities between CITY and/or STATE and the owners of the utilitiesr STATE will bear the cost of any removal or relocation. (12) CITY is hereby designated as the Lead Agency for PROJECTJ and STATE is hereby designated as the Responsible Agency for PROJECT9 STATE OP CALIFORNIA Department of Transportation ADRIANA GIANTURCO Director of Transportation Transportation District 4 T. R. LAMMERS District Director -6- CITY OF PALO ALTO By~~, Attest:O:J ~ Ci erk APPROVED AS TO FORM AH ;J~EDURE•