HomeMy WebLinkAboutVTA - Cooperative Agreement for Safety and Operational Improvements on Rt. 152
COOPERA TNE AGREEMENT
BETWEEN THE CITY OF GILROY AND
THE SANTA CLARA V ALLEY TRANSPORTATION AUTHORITY
FOR SAFETY AND OPERATIONAL IMPROVEMENTS ON ROUTE 152
This Agreement, entered into on (1 t.." '2-~ , 2002, is between the CITY of
GILROY, a municipal corporation of the State of Cali fomi a, referred to herein as
"CITY," and the SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, a
public agency, referred to herein as "VT A."
RECITALS
A. On November 5,1996, the voters of Santa Clara County approved Measure A and
Measure B. Measure B provides revenues generated by a half-cent sales tax.
Measure A is an advisory ballot measure that expresses the electorate's intent that
any new local funds be spent on a specific list of transportation improvement
projects. Santa Clara County is the funding agency for the 1996 Measure B
Transportation Improvement Program (MBTIP). The VT A is the administering
and implementing agency. One of the projects contained in the MBTIP is the
safety and operational improvements on Route 152, between Route 101 and Route
156.
B. CITY and VT A contemplate constructing safety and operational improvements on
Route 152, in the segment between Route 101 and Llagas Creek located in the
County of Santa Clara, to achieve the purposes of both agencies with maximum
cooperation and efficiency for the benefit of the public. The scope and limits of
the improvements were identified in the Conceptual Report approved by the VT A
Board of Directors at the December 2000 Board meeting.
C. This Agreement covers two Route 152 improvement projects, Project A, Phase 1
and 2, and Project B, together herein referred to as "the PROJECT." The defined
scope and proj ect limits for the PROJECT are shown on the attached Exhibit A.
D. VT A is responsible for development and design, including environmental
clearance, right-of-way engineering and acquisition, and construction of the
PROJECT and all administration and management of those activities.
E. The PROJECT will be funded with MBTIP and CITY funds.
F. CITY and VT A intend to herein define the terms and conditions under which the
completion of the PROJECT is to be financed and carried out.
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SECTION I
CITY AGREES:
1. To contribute one-third of the costs of PROJECT, including the environmental
review, project design and development, right-of-way acquisition and
engineering, and construction phases through completion of the PROJECT, and
VTA's administration and management ofthose activities. Currently, PROJECT
costs are estimated to be Nineteen Million Seven Hundred and Forty-eight
Thousand Dollars ($19,748,000), as shown on Exhibit B. However, CITY's
contribution is capped at Five Million Dollars ($5,000,000).
2. Additionally, CITY has agreed to fund up to Five Hundred Thousand Dollars
($500,000) for the signalization of two intersections, which are the intersection of
Route 152 and Camino Arroyo and the intersection of Route 152 and the currently
unnamed cross-street.
3. After execution of this Agreement and upon receipt of an invoice from VTA, to
deposit with VTA the amount of Five Hundred Thousand Dollars ($500,000)
against incurred costs. Upon the start of construction, the VT A will invoice CITY
on a monthly basis for one-third of construction costs incurred in the previous
month. CITY agrees to pay invoices within thirty (30) days after receipt; except
that if CITY obj ects to all or any portion of any invoice, CITY shall notify VT A
of the objection within thirty (30) days from receipt of the invoice, give reasons
for the objection, and pay that portion of the invoice not in dispute. It shall not
constitute a default or breach of this Agreement for CITY not to pay any invoiced
amounts to which it has objected until the objection has been resolved by mutual
agreement of the parties.
4. To pay VT A upon completion of all work and within thirty (30) days of receipt of
a detailed statement made upon final accounting of costs, any amount outstanding
required to complete CITY's financial obligation pursuant to this Agreement.
5. To provide CITY staff participation throughout the development and construction
of the PROJECT and to provide necessary and appropriate coordination with all
departments of CITY.
6. To use VT A and County of Santa Clara approved logos and signage in connection
with the PROJECT and include such logos on any printed materials intended for
public display, distribution or use.
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SECTION II
VTAAGREES:
1. To prepare an invoice to the CITY, after the execution of this Agreement, in the
amount of Five Hundred Thousand Dollars ($500,000) as a deposit for incurred
costs.
2. Thereafter, upon the start of construction, to prepare and submit to CITY on a
monthly basis a billing statement for one-third of construction costs incurred
during the previous month, together with a description of the work performed and
materials purchased.
3. To contract for, inspect, manage, administer and perform all tasks in connection
with the environmental review, project design and development, right-of-way
acquisition and engineering, and construction of improvements as specified in
Exhibit A.
4. Upon completion of the PROJECT, to furnish CITY with a detailed statement of
all costs of the PROJECT.
5. To pay with MBTIP funds two-thirds of the costs of PROJECT, including the
environmental review, project design and development, right-of-way acquisition
and engineering, and construction phases through completion of the PROJECT,
including administration and management of those activities. VTA shall also pay
with MBTIP funds any sums required to complete the PROJECT after VTA's
payment of the initial two-thirds funding and the contribution by CITY. Excluded
from MBTIP funding is the item to be funded entirely by CITY as identified in
Section I, Paragraph 2.
6. To consult with CITY staff throughout the project design and development and
construction phases of the PROJECT and to consult with CITY staff regarding all
negotiations with contractors and subcontractors relating to the construction of the
PROJECT, including, but not limited to change orders; and to provide necessary
and appropriate coordination with VT A PROJECT staff.
7. To use CITY approved logos and signage in connection with the PROJECT and
to include such logos on any printed materials intended for public display,
distribution or use.
SECTION III
IT IS MUTUALLY AGREED:
1. VTA will serve as the project delivery agency for PROJECT, and agrees to
maintain close coordination and interaction with CITY throughout the design and
development and construction of PROJECT.
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2, If the costs of constructing the PROJECT exceed the estimated amount stated in
paragraph 1 of Section I of this Agreement, VT A and CITY shall meet and
mutually decide on a course of action for financing the overrun. The costs
hereunder may be increased by an amendment in writing to this Agreement.
3, In the event that PROJECT does not proceed for any reason, CITY and VT A will
meet to determine any further course of action required. Prior to award of the
construction contract for PROJECT, this Agreement may be terminated by either
VT A or CITY or by mutual consent. After award of the construction contract for
PROJECT, this Agreement may not be terminated by either party. If this
Agreement is terminated with the consent of CITY, CITY agrees to pay VTA
one-third of PROJECT costs expended to date. However, CITY's contribution is
capped at Five Million Dollars ($5,000,000).
4. VTA shall comply with all CITY and STATE specifications, and requirements
applicable to the engineering and construction of the PROJECT.
5. VTA and CITY shall retain all records related to the PROJECT for three years
after the completion of the PROJECT. During this period, such records shall be
available to either party for inspection upon request. In addition, VT A and CITY
shall maintain, and shall require their contractors and subcontractors to maintain,
in accordance with generally accepted accounting principals and practices,
complete books, accounts, records and data pertaining to this Agreement,
including the costs of contract administration. Such documentation shall be
supported by properly executed payrolls, invoices, contracts and vouchers
evidencing in detail the nature of the propriety of any charges and sufficient to
allow a proper audit. All checks, payrolls, invoices, contracts and other
accounting documents pertaining in whole or in part to the PROJECT shall be
cleafly identified and readily accessible, For the duration of this Agreement, and
for a period of three years after final payment, the County of Santa Clara, MBTIP
Citizens Watchdog Committee, and the State auditor shall have access during
normal business hours to any books, accounts, records, data and other public
records pertinent to this Agreement for audits, examinations, excerpts, and
transactions, and copies thereof shall be furnished upon request upon payment of
any applicable copying and mailing charges.
6. In the performance of this Agreement, VT A and CITY and their subcontractors
shall comply with all applicable requirements of state, federal and local law.
7. PROJECT equipment or other property acquired as part of the MBTIP with
MBTIP funds shall be dedicated to that public use for its full economic life cycle,
including any extensions of that life cycle achieved by reconstruction,
rehabilitation or enhancement
8. The General Manager of VT A or herlhis designee is hereby made the
representative of VT A for all purposes under this Agreement
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9. The City Administrator for CITY or her/his designee is hereby made the
representative of CITY for all purposes under this Agreement.
10. Pursuant to Government Code Section 895.4, each of the parties hereto shall fully
indemnify, defend with counsel reasonably acceptable to the other party and hold
the other party, its officers, employees and agents, harmless from any damage or
liability imposed for injury (as defined in Government Code Section 810.8)
occurring by reason of the negligent acts or omissions or willful misconduct of
the indemnifying party, its officers, employees, contractors, subcontractors,
materialmen or agents, under or in connection with any work, authority or
jurisdiction delegated to such party under this Agreement. Neither party, nor any
officer, employee or agent thereof shall be responsible for any damage or liability
occurring by reason of the negligent acts or omissions or willful misconduct of
the other party hereto, its officers, employees, contractors, subcontractors,
materialmen or agents, under or in connection with any work, authority or
jurisdiction delegated to such other party under this Agreement.
11. In addition, CITY shall indemnify, defend and hold harmless the County of
Santa Clara and its officers, contractors, agents and employees, from any liability
imposed for injury or damage occurring by reason of anything done or omitted to
be done by CITY under the terms of this Agreement or in conjunction with any
obligation, responsibility or duty delegated to or assumed by CITY hereunder,
except the obligation, responsibility or duty to make payments.
12. The failure of either party to insist upon the strict performance of any of the
terms, covenants or conditions of this Agreement shall not be deemed a waiver of
any right or remedy that either party may have, and shall not be deemed a waiver
of either party's right to require strict performance of all of the terms, covenants,
and conditions thereafter.
13. Any notice required to be given by either party, or which either party may wish
to give, shall be in writing and served either by personal delivery or sent by
certified or registered mail, postage prepaid, addressed as follows:
To VTA:
Santa Clara Valley Transportation Authority
Michael P. Evanhoe
Chief Development Officer
3331 North First Street, Bldg. B
San Jose, CA 95134-1906
Or to such place as VT A shall designate by written notice.
To CITY:
City of Gilroy
Jay Baksa
City Administrator
7351 Rosanna Street
Gilroy, CA 95020-6197
Or to such place as CITY shall designate by written notice.
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14. If a question arises regarding interpretation of this Agreement or its performance,
or the alleged failure of a party to perform, the party raising the question or
making the allegation shall give written notice thereof to the other party. The
parties shall promptly meet and use their best efforts to resolve the issues raised.
If the parties fail to resolve the issue raised, alternative forms of dispute
resolution, including mediation or binding arbitration, may be pursued by mutual
agreement. It is the express intent of the parties that litigation be avoided as a
method of dispute resolution, unless necessary.
15. This Agreement constitutes the entire agreement between the parties pertaining to
the subject matter contained therein and supersedes all prior or contemporaneous
agreements, representations and understandings of the parties relative thereto.
16. No amendments, modifications, alterations or changes to the terms ofthe
Agreement shall be effective unless and until made in writing and signed by both
parties hereto.
17. This Agreement shall not be construed or deemed to be an agreement for the
benefit of any third party or parties, and no third party or parties shall have any
claim or right of action hereunder for any cause whatsoever.
18. This Agreement shall be binding upon and shall inure to the benefit of the
respective successors and assigns of the parties hereto.
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19. This Agreement shall be effective on the date specified on the first page hereof
and shall remain in effect until December 31, 2005 or until either party earlier
submits to the other party a written notice of its desire to terminate the Agreement
and termination is mutually agreed upon. If this Agreement is terminated after the
award ofthe construction contract, such notice shall be delivered to the receiving
party a minimum of ninety (90) calendar days prior to the proposed effective date
of such proposed termination.
CITY OF GILROY
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Pellin, City Clerk
Approved as to form:
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Final VT A/City Gilroy Coop
10/11/02
SANTA CLARA VALLEY
TRANSPORT A nON AUTHORITY
BY~<~~'
Peter M. Cipolla, General an,~ ~J.:
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Approved as to form:
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Legal Counsel
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Exhibit A
Measure B Highway Program
Route 152 Improvements
Project Description
The Route 152 safety and operations improvement project in the City of Gilroy consists
of two improvement projects, Project A and Project B. Project A was divided into two
phases to facilitate the accelerated schedule for construction of the improvements on
Route 152 between the NB 101 off-ramp and Miller Slough to allow for the opening of a
large commercial development at Camino Arroyo and S.R. 152.
Proiect A (Improvements from the Route 101 Interchange to Miller Slough):
The improvements are designed to 1) Improve U.S. 101lS.R. 152 interchange operations
to safely accommodate current and planned peak directional volumes; 2) Upgrade
existing intersections on S.R. 152 to safely handle turning movements; and 3) Provide
geometric improvements and new intersections on S.R. 152 to accommodate traffic and
access requirements associated with new existing businesses. The improvements for each
phase of this project include:
Phase I (Improvements from NB 101 Off-Ramp to Miller Slough)
. Widening and striping ofS.R. 152 from two lanes to four lanes from the NB 101 off-
ramp to approximately 0.3 km (0.2 miles) east of Miller Slough, near the west
entrance of the Gilroy Foods facility.
. Realigning the NB 101 off-ramp to the west and providing a new signal at the
intersection with S.R. 152.
. Constructing a temporary signal at the intersection of S.R. 152 and Renz/Brem Lane.
. Providing median turn lanes in each direction and signals at the proposed Camino
Arroyo and at the currently unnamed cross-street.
Phase II (Route 152 Improvements at the Route 101 Interchange)
. Construction of a loop on-ramp for westbound S.R. 152 to southbound U.S. 101
traffi Co
. Providing an auxiliary lane for a two-lane exit from SB 101 to EB SoR. 152.
Proiect B (Route 152 Improvements from Miller Slough to Llagas Creek):
The improvements are designed to 1) Upgrade the existing accesses to and from S.R. 152
and Gilroy Foods and WTI Trucking to safely accommodate existing ingress/egress
movements by employees and truck traffic; and 2) Provide geometric improvements to
the Llagas Creek crossings to improve sight distance and provide safe approaches to the
Gilroy Foods/WTI Trucking intersection. The improvements for this project include:
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. Alignment of the existing WTI Trucking driveway on the north side ofS.R. 152 with
the existing eastern access to Gilroy Foods on the south side of S.R. 152
. Construction of a signalized intersection at the Gilroy Foods East Access/WTI
Trucking entrance and S.R. 152
. Widening and striping of S.R. 152 from two lanes to four lanes from approximately
0.3 km (0.2 miles) east of Miller Slough, near the west entrance of the Gilroy Foods
facility, to Holsclaw Road--a total distance of approximately 1.7 km (1.0 miles)
. Widening of the existing structures over Llagas Creek and old Llagas Creek
The widening of the bridges over Lllagas Creek may require on site Riparian and
Biological Mitigation. This project is in a separate watershed than the rest of the
Measure B projects, and is not covered by the Program Wide Biological Mitigation Site
in San Jose. This project has budgeted $350,000 for Route 152 on-site Mitigation.
Final VT A/City Gilroy Coop
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AGENDA ITEM # 21
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SANTA (lARA
Valley Transportation Authority
BOARD MEMORANDUM
Date:
Committee Meeting Date:
Board Meeting Date:
ACTION X DISCUSSION
November 7,2000
November 16, 2000
December 14, 2000
INFO
TO:
Congestion Management Program and Planning Committee
Santa Clara Valley Tran rtd;,ti n A~t ity
Board of Directors
"'"
Peter M. Cipolla Jtvl
General Manager
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Director, Congestion Management and Highway Programs
THROUGH:
FROM:
SUBJECT:
1996 Measure B Transportation Improvement Program
Highway Program - Route 152 Project Selection
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RECOMMENDATION:
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Approve the indicated projects as the 1996 Measure B Transportation Improvement
Program Route 152 Project and forward the list to the Santa Clara County Board of
Supervisors for approval; and direct the General Manager to execute the necessary
agreements with the City of Gilroy for implementation of the project segments that are to
be jointly funded with the City of Gilroy.
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BACKGROUND:
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The 1996 Measure A ballot did not specify improvements for the Route 152 Safety
Project. However, the Measure B Fiscal Year 2001 Revenue and Expenditure Plan does
describe the purpose of the Route 152 project as, "to provide safety improvements on
Route 152 between Route 101 and Route 156, including intersection improvements at
Route 152/Bloomfield Road, westbound truck climbing lanes west of Route 156,
operational improvements to the Route 152/Route 156 intersection, signalized
intersection at Gilroy Foods and widening of Route 152 between Route 101 and
Ferguson Road". The Measure B budget for the Route 152 Project improvements is $11
million.
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In order to define the actual improvements to be considered for the Route 152 Project,
VTA undertook an initial analysis to develop a list of potential project improvements for
the corridor. The firm of HMH, Inc. was contracted to prepare a conceptual study
CERTIFIED COpy
3331 North First Street. San Jose, CA 95134-1906' Administration 408.321.5555. Customer Service 408.321.2300
analysis, with the purpose of the study to identify potential project elements, develop
cost estimates and prepare an initial assessment of the feasibility of each project
element.
DISCUSSION:
The Route 152 conceptual study preparation process included outreach to corridor
stakeholders including the City of Gilroy, County of Santa Clara, County of San Benito,
California Highway Patrol, and Caltrans. The process included solicitation of possible
projects from stakeholders, development of concept plans and costs estimates,
presentation of alternatives, and final review and refinement of each alternative by
stakeholders. A draft Conceptual Geometric Analysis Report was produced in August
2000 for review by stakeholders. The recommended list of projects was finalized after
input was received from stakeholders.
The draft list of recommended projects includes five different project alternatives with
an estimated total cost of $13.6 million. Although the combined estimated cost of the
projects exceed the Measure B budget of $11 million, VTA staff recommends including
the five recommended project alternatives identified on Attachment A as elements of the
Route 152 Project. Because of budget and environmental issues associated with Project
F, the westbound truck climbing lane, VTA recommends deferring this project.
The City of Gilroy has requested that VT A and Gilroy enter into a funding agreement in
which the City would contribute 1/3 of the cost of improvements between Route 101 and
Llagas Creek (Project Elements A & B). With the inclusion of the funds to be
contributed by Gilroy, the project budget is adequate to fund the recommended list of
projects.
Following approval of the VT A Board of Directors and County Board of Supervisors, the
projects will proceed into the project development process, which includes Caltrans
approval, environmental review, design and construction. As project elements are
further refined during the project development phases, staff will seek opportunities for
cost savings through Value Engineering and will continue to seek additional state and
federal funds to balance the project revenue and costs.
ALTERNATIVES:
The Board could select alternative projects to include in the Route 152 Project.
FISCAL IMPACT
The 1996 Measure B Transportation Improvement Program budget and Cooperative
Funding Agreement with Gilroy will provide sufficient funds to initiate the project
development process for the projects listed.
Prepared by: John Ristow
Rte 152 Conceptual Study
20f2
ATTACHMENT A
Conceptual Geometric Analysis Report
Route 152 (Between Route 156 and U.S. 101)
Safety Improvement Projects
Recommended Proiects
A. Construct Southbound 101 off-ramp loop with auxiliary collector/distributor lane.
Widen current 101 over-crossing and modify existing configuration of Northbound
101 on-ramp loop into a right turn hook. Realign the Northbound 101 off-ramp
into a signalized intersection, perpendicular to Route 152. Widen Route 162 from
two lanes to four lanes from U.S. 101 to approximately the East Property line of
the Wellington development. ($3.7 million)
B. Widen Route 152 to four lanes from the East Property line of the Wellington
development up to and including the Llagas Creek Bridges. Provide a traffic signal
at the intersection of Gilroy Foods and Westside Transport Inc. (WTI). ($9
million)
C. Construct a westbound truck-climbing lane on the north side of Route 152 for
approximately 1.6 km (1.0) west of Route 156. ($ 22,000)
D. Install half signal, improve lighting, and widen intersection for proper merge
lengths at the intersection of route 152 and Ferguson Road. ($334,000)
E. Acquire site-distance easement for removal of trees and hedges at the intersection
of Frazier Lake and Route 152. Widen existing roadway for installation of left-
turn pocket from Route 152 to Furlong Road. ($530,000)
Proiects Not Recommended
F. WE Truck Climbing Lane on 152 from 156 ($3.6 million)
The recommended projects total approximately $13.6 million.
, c~rtjfythat the foregO!flg'instru~P11t
is atma and exact copy of the Orlg~~a,traj
on {ile in the Secretary'!:)! t9~:69~C~J?!j :::If
Directors ;e. '. tt:;
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