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HomeMy WebLinkAboutSanta Clara County - Installation of Traffic Signals at Santa Teresa & Welburn and Santa Teresa & Long Meadow ;, J:J1 AGREEMENT BETWEEN THE CITY OF GILROY AND THE COUNTY OF SANTA CLARA FOR THE INSTALLATION OF TRAFFIC CONTROL SIGNALS AT THE INTERSECTION OF SANTA TERESA BOULEVARD AND WELBURN A VENUE AND AT THE INTERSECTION OF SANTA TERESA BOULEVARD AND LONG MEADOW DRIVE THIS AGREEMENT, made and entered into this day of MJP 18 1007 , 1997, by and between the City of Gilroy, a municipal corporation of the State of California (hereinafter "CITY"), and the County of Santa Clara, a political subdivision of the State of California (hereinafter "COUNTY"). 1 WIT N E SSE T H: WHEREAS, it is in the public interest that certain traffic control signals be constructed at the following locations which are in the CITY: 1. Santa Teresa Boulevard and Longmeadow Drive, (hereinafter referred to as "Project A"); 2. Santa Teresa Boulevard and Welburn Avenue, (hereinafter referred to as "Project B"); WHEREAS, it is in the best interest of orderly and economic construction practices to complete said projects under an agreement between COUNTY and CITY, providing for construction contracts to be awarded and administered as described herein. NOW, THEREFORE, for and in consideration oftheir mutual promises, covenants and agreements, and subject to the terms, conditions and provisions hereinafter set forth, the parties hereto do hereby agree as follows: 1. Scope of projects: The scope of said projects consists of the necessary channelization and installation of traffic control signals at the aforementioned intersections. 2. Public Hearings and Environmental Documents: CITY shall conduct all public hearings and shall cause to be prepared all environmental documents that may be required for 1 '. "Project A" and COUNTY shall conduct all public hearings and shall cause to be prepared all environmental documents that may be required for "Project B". 3. Plans. Specifications and Estimates: CITY shall cause to be prepared plans, specifications and estimates for "Project A" and shall submit said plans, specifications and estimates for "Project A" to the COUNTY for COUNTY's approval. COUNTY shall prepare or cause to be prepared plans, specifications and estimates for "Project B" and shall submit said plans, specifications and estimates to the CITY for the CITY's review. 4. Sharing of Costs: "Project A": a.) CITY agrees to have "Project A" constructed under the CITY's land development conditioning process. Pursuant to the process, the developer shall pay for all costs associated with the Project. CITY also agrees to issue development conditions for "Project A" that stipulate that "Project A" is to be constructed to the standards and conditions as stated by the CITY and COUNTY. CITY also agrees to have the developer pay the COUNTY for the cost of the traffic signal controller and controller cabinet as described in Attachment A. The agreed upon price for the said controller and cabinet is Seven Thousand, Seven Hundred and Fifty dollars ($7,750.00). It is understood in this agreement that said costs for the controller and cabinet are in excess of the agreed upon sum for "Project B" as described herein. CITY further agrees to reimburse COUNTY for cost of inspection services for "Project A" at the rate of $60.00 per hour not to exceed a total of $15,000.00 for the duration of "Project A". It is understood in this agreement that said costs for inspection services are in excess of the agreed upon sum for "Project B" as described herein. "Project B": b.) CITY agrees to provide up to and not to exceed the sum of Sixty Eight Thousand and Sixty Three dollars and Seventy Five cents ($68,063.75) for the COUNTY to construct "Project B". CITY further agrees to provide materials for "Project B" at no cost to the COUNTY as described in Attachment A. COUNTY agrees to provide materials at no cost to the CITY for the installation of "Project B"; said materials consisting of materials as described on Attachment A. COUNTY further agrees to provide inspection services 2 .~ . and roadway striping for "Project B" at no cost to the CITY. COUNTY shall not contribute any money for "Project B". 5. Award of Contracts: After COUNTY has reviewed and approved the plans and specifications for "Project A", CITY shall notify the Developer and release the plans for construction. CITY shall notify COUNTY prior to the beginning of construction and request the aforementioned inspection services to be provided by COUNTY. After CITY has reviewed the plans and specifications for "Project B", COUNTY shall advertise and receive bids for construction of said "Project B". Ifbids received indicate a project cost less than or equal to Sixty Eight Thousand and Sixty Three dollars and Seventy Five cents ($68,063.75), COUNTY may award a contract therefor and supervise the construction thereof to completion. If bids received indicate a cost exceeding Sixty Eight Thousand and Sixty Three dollars and Seventy Five cents ($68,063.75), no bid shall be awarded until CITY and COUNTY narrow the scope ofthe project not to exceed Sixty Eight Thousand and Sixty Three dollars and Seventy Five cents ($68,063.75). Upon award of a contract for "Project B", COUNTY shall forward a billing to the CITY for the aforementioned Sixty Eight Thousand and Sixty Three dollars and Seventy Five cents ($68,063.75). CITY agrees to pay COUNTY within thirty (30) days of receipt of billing therefor. 6. Construction Costs: As used in this Agreement, the term "construction costs" shall mean the sum total of all construction contract costs paid by the COUNTY in connection with "Project B" including the Construction Contract amount awarded by COUNTY, costs of extra work authorized by CITY and COUNTY and costs of all materials allocable to "Project B" that are supplied by the successful Contractor. The term "construction costs" shall not include engineering costs and expenses, costs and expenses of preparation of plans and specifications, costs and expenses for inspection, publication, advertising and printing, and costs of materials furnished by either CITY or COUNTY that are allocable to "Project B." 7. Final Accounting: Upon completion of "Project B", COUNTY shall pay the final construction costs of said "Project B" and shall prepare and furnish to CITY a final accounting of the total costs of said "Project B". 8. Adjustment of Costs: In the event that said final accounting shows that the estimated share paid by CITY to COUNTY pursuant to Paragraph 4 hereof is greater than the total construction cost of "Project B" as described herein, COUNTY shall forthwith refund to CITY the difference. In the event that said final accounting shows that the construction cost is equal to 3 .. or greater than the CITY's contribution, no refund of deposit is to be made to the CITY. In no event shall the CITY be required to contribute more than Sixty Eight Thousand and Sixty Three dollars and Seventy Five cents ($68,063.75) for its share of "Project B". 9. Maintenance: Upon completion of "Project A", said project shall be operated and maintained by the COUNTY. The operation and maintenance costs for said project shall be apportioned between CITY and COUNTY pursuant to a cost-sharing agreement to be negotiated within sixty (60) days after completion of said project. Upon completion of "Project B", said project shall be operated and maintained by the COUNTY. The operation and maintenance costs for said project shall be the sole responsibility of the COUNTY. 10. Hold Harmless: It is mutually understood and agreed: A) That neither CITY, nor any officer or employee thereof, shall be responsible for any damage or liability occuring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occuring by reason of anything done or omitted to be done by COUNTY under this Agreement under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. B)That neither COUNTY, nor any officer or employee thereof, shall be responsible for any damage or liability occuring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occuring by reason of anything done or omitted to be done by CITY under this Agreement under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 11. Termination: The terms of this Agreement shall be void with respect to either project described herein for which a construction contract is not awarded prior to December 31, 1997 4 .~ and any funds paid by CITY to COUNTY, pursuant to Paragraph 4 herein, with respect to said project shall be forthwith refunded, except that COUNTY's accrued construction costs for said project, if any, shall be deducted from such sum to be refunded to CITY. 12. Acquisition of Property: It is understood and agreed that the projects as described herein are totally within existing right-of-way and no property acquisition or dedication is necessary . 5 . . .' " ',~ WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth. APPROVED AS TO FORM: ;;(...;k/<. ee'~ Linda Callon Q-enC:lld. Dcpuly CITY Attorney ATTEST: Suzanne Steinmetz CITY Clerk APPROVED AS TO FORM AND LEGALITY: or~~(~ Kathy Kr tchmer, Deputy COUNTY' Counsel ATTEST: CITY OF GILROY, a municipal corporation . .... COUNTY OF SANTA CLARA, a political subdivision of the State of California L~H~ Ann Sloan Deputy Clerk of the Board of SLferVisors s T. Beall, Chairperson ty Board of Supervisors Phyllis Perez, Clerk Board of Supervisors 6 . . " ATTACHMENT A: Materials to be furnished by COUNTY and installed by contractor for "Project B": 1. Pull boxes & Pullbox Markers 2. Detector Handholes 3. Regulatory signs 4. Signal/Lighting Standards 5. 250W HPS Luminaires wi 1 PEU 6. Type I-B Standards 7. Signal Heads 8. Pedestrian Signal Heads 9. Pedestrian Pushbuttons 10. Type 90 Controller Unit & Cabinet 11. Service Cabinet 15 ea 6 ea 4 ea 5 ea 4 ea 3 ea 18 ea 8 ea 8 ea 1 ea 1 ea Materials to be furnished by CITYand installed by contractor for "Project B": 1. Internally Illuminated Street Name Signs 4 ea Materials to be furnished by COUNTY and installed by contractor for "Project A" according to the terms as described in Paragraph 4, "Sharing of Costs" of the Agreement. 1. Type 90 Controller Unit & Cabinet 1 ea County of Santa Clara Approved Aoceptlild Adopted De11i",d 1--,-"'..., ..07oJ -.----- BY THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA By Phyllis A. porllZ~ Bowd ~ P Clerk De: ;fW ~~ 1 6 ~g97 Roads and Airports Department 101 Skyport Drive San Jose, California 96110-1302 \( ~~(p TRANSMITTAL MEMORANDUM Prepared bY~TOng Y. Hong l~ Reviewed by;r"1J Ion M. Elson . rt^ Submitted bytJ fJ!Jilliam A. Baxter Page 1 of 3 S.D. 1 Date: February 21,1997 COUNTY BOARD OF SUPERVISORS: Agenda March 18, 1997 Date: Item No. FROM: /'v., Rollo B. Parsons, Acting Director (_~ Roads and Airports Department SUBJECT: Agreement For The Installation Of Traffic Control Signals At The Intersection Of Santa Teresa Blvd & Welbum Ave.And The Intersection Of Santa Teresa Blvd & Longmeadow Dr. RECOMMENDED ACTION: It is recommended that the Board of Supervisors approve and execute the attached agreement between the C.ounty of S~ Clara and the City of Gilroy for the installation of the traffic signal systems on Santa Teresa Blvd at Longmeadow Dr. (referred to as Project A on the Agreement) and Welbum Ave. (referred to as Project B on the Agreement). : FISCAL IMPLICA nONS: Project A: The City of Gilroy will pay the County a maximum amount of $22,750.00 which includes $15,000.00 for the inspection services and $7,750.00 for a used traffic signal controller to be provided by the County. This amount will be credited to Budget Line Item no. 603-0023-4005-2893, PCA no. W9939. Project B: Funds are available from Budget Line Item no. 603-0023-4005-2893, PCA no. C3182 to pay for the engineering, inspection and roadway striping services. The City of Gilroy will reimburse the County a maximum amount of$68,063.75 toward the construction costs for this project. County !xecutive: RIchard WIttenberg ,- Page 2 of 3 DATE: February 21, 1997 COUNTY BOARD OF SUPERVISORS AGENDA DATE: March 18, 1997 SUBJECT: Agreement For The Installation Of Traffic Control Signals At The Intersection Of Santa Teresa Blvd & Welbum Ave And The Intersection Of Santa Teresa Blvd & Longmeadow Dr. CONTRACT mSTORY: Not applicable. REASONS FOR RECOMMENDATION: The Board's approval and execution of the Agreement are required for funds to be transferred to the County as stipulated in the Agreement. BACKGROUND: Projects A & B are located within the City of Gilroy's limits on Santa Teresa Blvd which is maintained in part by the County's Department of Roads and Airports. Project A calls for the upgrade to a full intersection with signalization at Santa Teresa Blvd & Longmeadow Dr.. The intersection improvements are required by the City of Gilroy as part of their land development conditionning process and constructed by the Developer to the County's standards for the County to assume the signal operation and maintenance responsibilities. The county-provided services and equipment as specified in the subject Agreement will insure the signal installation to conform to the County requirements and to provide capability for future signal coordination between. intersections on Santa Teresa Blvd when demand is warranted. : Project B calls for the signalization of the existing intersection of Santa Teresa Blvd & W elbum Ave. which is currently maintained by the County. Increase in vehicular and pedestrian traffic at the intersection warrants the installation of vehicular and pedestrian traffic signals. The improvements are requested by the City of Gilroy which has agreed to fund the construction costs. The preparation of the construction documents was completed and bids were received under the minor contract procedures. The low bid amount is $68,063.75 and it was accepted by the City of Gilroy for reimbursement to the County. CONSE~UENCES OF NEGATIVE ACTION: The County will not be able to receive reimbursement of costs for the nece$sary county-provided services in Projects A & B. Page 3 of 3 DATE: February 21, 1997 COUNTY BOARD OF SUPERVISORS AGENDA DATE: March 18, 1997 SUBJECT: Agreement For The Installation Of Traffic Control Signals At The Intersection Of Santa Teresa Blvd & Welburn Ave And The Intersection Of Santa Teresa Blvd & Longmeadow Dr. STEPS FOLLOWING APPROVAL: The Clerk of the Board will return 2 copies of the executed Board Transmittal and Agreement to Roads and Airports Department, Attention: Tong Hong at 101 Skyport Dr, San Jose, Ca 95110. Department staff will forward a copy of the executed Agreement to the City of Gilroy and invoice the City of Gilroy for reimbursement of costs. cc:W AB AVI JL BM