INTERIM DEPT. DIRECTOR:

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1 MEETING DATE: January 11, 2017 PREPARED BY: Luke Baker, Engineering Specialist INTERIM DEPT. DIRECTOR: Paul Malone DEPARTMENT: Public Works CITY MANAGER: Karen P. Brust SUBJECT: SIGNAL MAINTENANCE AGREEMENT WITH CALTRANS RECOMMENDED ACTION: Council take the following action: 1) Approve the updated agreement for sharing cost of state highway electrical facilities between Caltrans and the City of Encinitas (the Agreement); and 2) Authorize the City Manager to execute the Agreement. STRATEGIC PLAN: This item relates to the transportation goal of continued planning, management, and maintenance of local transportation infrastructure. FISCAL CONSIDERATIONS: There are no additional fiscal considerations associated with this request. Funding for the Agreement is included in the approved annual budget for FY , and will be proposed in the next two-year operating budget for Council consideration. The fiscal impact of the Agreement is based on a percentage share of actual intersection costs. The cost distribution between the State and City are defined in Attachment 1, Exhibit A, which can be revised as necessary by written concurrence of both parties. The current annual cost is estimated to be $18,000 or less based on previous years. Council authorization is required since aggregate expenditures for the term of this agreement will exceed the $100,000 threshold, as stated in the City of Encinitas Purchasing Policy (PC01). Expenditures will not exceed the annual budget approved by Council. BACKGROUND: Caltrans owns and maintains all traffic signals in the state right-of-way, which includes the signals and safety lighting at the I-5 freeway on/off ramps and immediately adjacent signals on city streets. In 1987, the City entered into an agreement with Caltrans to share the costs for maintaining the traffic signal and lighting systems for these locations within the City. This Item 8E 1 of 30

2 agreement was revised in 1990, 2002, 2003 and once again in The exact locations are as follows: I-5 Northbound Ramp and Manchester Ave I-5 Southbound Ramp and Santa Fe Dr (built in 2014) I-5 Northbound Ramp/Regal Rd at Santa Fe Dr I-5 Southbound Ramp and Encinitas Blvd I-5 Northbound Ramp and Encinitas Blvd Encinitas Blvd and Saxony Rd I-5 Southbound Ramp and Leucadia Blvd I-5 Northbound Ramp and Leucadia Blvd Leucadia Blvd and Orpheus The billing percentages for each of the above locations are found in Attachment 1, Exhibit A. They are calculated by the state based on the location of each asset on the account. Caltrans pays for the maintenance and electricity usage at each location and the City reimburses them at the agreed percentage. Caltrans has revised the language in their local agreements to bring the agreement more up to date and have a more standard format between agencies. Financial obligations from the previous agreement have not changed. ANALYSIS: The current agreement (Attachment 2) has been in place since 1987 and is a necessary financial agreement that ensures the State is fairly compensated for signals and lighting that impact City streets. Staff has reviewed the percentage splits per each location in the Agreement and we re-affirm that they are fair and reasonable. Over the years the cost for electricity and maintenance activities has remained fairly consistent, but may fluctuate depending on utility costs and amount of repairs needed. ENVIRONMENTAL CONSIDERATIONS: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a project under Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. This item is not related to the Climate Action Plan. ATTACHMENTS: 1. Proposed New Agreement for Sharing Cost of State Highway Electrical Facilities with the City of Encinitas 2. Current Agreement for Sharing Cost of State Highway Electrical Facilities with the City of Encinitas with Revisions Item 8E 2 of 30

3 Rte / I-5 PM / TR AGREEMENT FOR SHARING COST OF STATE HIGHWAY ELECTRICAL FACILITIES WITH CITY OF ENCINITAS THIS AGREEMENT is made effective this day of, 20, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of ENCINITAS, hereinafter referred to as CITY and collectively referred to as PARTIES This Agreement shall supersede any previous Agreement and/or Amendments thereto for sharing State-incurred costs with the CITY. The cost of operating and maintaining flashing-beacons traffic-signals, traffic-signal systems, safety-lighting, and sign-lighting now in place at the intersection of any State Highway Route and any CITY street/road shall be shared as shown in Exhibit A. NOW THEREFORE IT IS AGREED: 1. Basis for Billing: 1.1. It is agreed that monthly billings for flashing-beacons, traffic-signals, and trafficsignal systems shall be based on actual intersection costs, which are as follows: Maintenance Labor, including overhead assessment, other expenses including, equipment, materials, and miscellaneous expenses Electrical energy 1.2. It is agreed that quarterly billings for safety-lighting and sign-lighting shall be based on calculated unit-costs derived by averaging STATE's District-wide costs each quarter. Costs are as follows: Maintenance Labor, including overhead assessment, other expenses including, equipment, materials, and miscellaneous expenses Electrical energy 1.3. It is agreed that quarterly billings invoiced to CITY for state-owned and maintained electrical facilities identified in Exhibit A will be based on actual costs paid by STATE, when derived from utility company billings. STATE will bill CITY quarterly in arrears for any CITY share of electrical facilities expenses shown in Exhibit A. 2. Exhibit A will be amended, as necessary by written concurrence of both parties, to reflect changes to the system Item 8E 3 of 30

4 Rte / I-5 PM / TR STATE costs and expenses assumed under the terms of this Agreement are conditioned upon the passage of the annual State of California Budget by the Legislature, the allocation of funding by the California Transportation Commission as appropriate, and the encumbrance of funding to the District Office of STATE to pay the billings by CITY. 4. LEGAL RELATIONS AND RESPONSIBILITIES 4.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law Neither CITY nor any officer or employee thereof is responsible for any injury, 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 conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with exception of those actions of STATE necessary to cure a noticed default on the part of the CITY Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement with exception of those actions of CITY necessary to cure a noticed default on the part of the STATE. 5. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES; by either party upon thirty (30) days' notice to the other party. 6. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause Item 8E 4 of 30

5 Rte / I-5 PM / TR PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written. THE CITY OF ENCINITAS STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: Karen P. Brust City Manager City of Encinitas MALCOLM DOUGHERTY Director of Transportation By: Everett Townsend Deputy District Director Maintenance District 11 Approved as to Form By: Glenn Sabine City Attorney City of Encinitas Item 8E 5 of 30

6 EXHIBIT A TRAFFIC SIGNAL AND LIGHTING AGREEMENT Caltrans and City of Encinitas Effective, 20 BASIS OF COST DISTRIBUTION State-Owned and Maintained Billed by the State Rte / I-5 PM / TR Route and PM Location Type of Facility Cost Distribution % State CITY [A]ENCINITAS BL,ES RT 5,NS ENCINITAS BL,ES SAXONY RD,ENCINITAS 303[A]ENCINITAS BL,ES RT 5 NS, ENCINITAS BL,ES SAXONY RD,ENCINITAS 3067 MANCHESTER AVE,ES RT 5,NS MANCHESTER AVE WS VIA POCO, ENCINTAS 491 1/3 SANTA FE DR. Signal - E Signal - E Signal - E ENCINITAS CA Signal - E Signal - E SANTA FE DR,ES RT 5, NS SANTA FE DR (REGAL ST), ENCINTAS 603 LEUCADIA BLVD,ES RT 5,SS LEUCADIA BLVD,ENCINITAS 864 ORPHEUS AVE,WS RT 5, SS LEUCADIA BL WS ORPHEUS AVE, ENCINITAS 490 SANTA FE DR ES RTE 5 NS SANTA F E DR (REGAL ST) 490 SANTA FE DR ES RTE 5 NS SANTA F E DR (REGAL ST) 303[A] ENCINITAS BL ES RTE 5 NS ENCINITAS BL ES SAXONY RD. 303[A] ENCINITAS BL ES RTE 5 NS ENCINITAS BL ES SAXONY RD MANCHESTER AV ES RTE 5 NS MANCHES TER AVE WS VIA POCO 3067 MANCHESTER AV ES RTE 5 NS MANCHES TER AVE WS VIA POCO 3067 MANCHESTER AV ES RTE 5 NS MANCHES TER AVE WS VIA POCO 491 1/3 SANTA FE DR Signal - E Signal - E Soffit Soffit Soffit Soffit E-Light E-Light E-Light ENCINITAS CA E-Light ENCINITAS CA E-Light ENCINITAS CA E-Light ENCINITAS CA E-Light E-Light /3 SANTA FE DR 491 1/3 SANTA FE DR 491 1/3 SANTA FE DR 490 SANTA FE DR ES RTE 5 NS SANTA F E DR (REGAL ST) 490 SANTA FE DR ES RTE 5 NS SANTA F E DR E-Light Item 8E 6 of 30

7 (REGAL ST) 490 SANTA FE DR ES RTE 5 NS SANTA F E DR (REGAL ST) 490 SANTA FE DR ES RTE 5 NS SANTA F E DR (REGAL ST) 303[A] ENCINITAS BL ES RTE 5 NS ENCINITAS BL ES SAXONY RD. 303[A] ENCINITAS BL ES RTE 5 NS ENCINITAS BL ES SAXONY RD. 303[A] ENCINITAS BL ES RTE 5 NS ENCINITAS BL ES SAXONY RD. 303[A] ENCINITAS BL ES RTE 5 NS ENCINITAS BL ES SAXONY RD. 303[A] ENCINITAS BL ES RTE 5 NS ENCINITAS BL ES SAXONY RD. 303[A] ENCINITAS BL ES RTE 5 NS ENCINITAS BL ES SAXONY RD. 303[A] ENCINITAS BL ES RTE 5 NS ENCINITAS BL ES SAXONY RD. 303[A] ENCINITAS BL ES RTE 5 NS ENCINITAS BL ES SAXONY RD. 603 LEUCADIA BLVD ES ROUTE 5 SS LEUCA DIA BLVD 603 LEUCADIA BLVD ES ROUTE 5 SS LEUCA DIA BLVD 864 ORPHEUS AV WS RTE 5 SS LEUCADI A BL WS ORPHEUS AV 864 ORPHEUS AV WS RTE 5 SS LEUCADI A BL WS ORPHEUS AV 864 ORPHEUS AV WS RTE 5 SS LEUCADI A BL WS ORPHEUS AV 864 ORPHEUS AV WS RTE 5 SS LEUCADI A BL WS ORPHEUS AV 864 ORPHEUS AV WS RTE 5 SS LEUCADI A BL WS ORPHEUS AV 864 ORPHEUS AV WS RTE 5 SS LEUCADI A BL WS ORPHEUS AV 864 ORPHEUS AV WS RTE 5 SS LEUCADI A BL WS ORPHEUS AV 820-A BIRMINGHAM DR (ENCINITAS) ES VILLA CARDIFF 820-A BIRMINGHAM DR (ENCINITAS) ES VILLA CARDIFF 820-A BIRMINGHAM DR (ENCINITAS) ES VILLA CARDIFF 820-A BIRMINGHAM DR (ENCINITAS) ES VILLA CARDIFF 490 SANTA FE DR ES RTE 5 NS SANTA F E DR (REGAL ST) 490 SANTA FE DR ES RTE 5 NS SANTA F E DR (REGAL ST) EXHIBIT A 1 Rte / I-5 PM / TR E-Light E-Light E-Light E-Light E-Light E-Light E-Light E-Light E-Light E-Light E-Light E-Light E-Light E-Light E-Light E-Light E-Light E-Light E-Light H-Light H-Light H-Light H-Light H-Light H-Light Item 8E 7 of 30

8 [A] ENCINITAS BL ES RTE 5 NS ENCINITAS BL ES SAXONY RD. 303[A] ENCINITAS BL ES RTE 5 NS ENCINITAS BL ES SAXONY RD. 864 ORPHEUS AV WS RTE 5 SS LEUCADI A BL WS ORPHEUS AV 864 ORPHEUS AV WS RTE 5 SS LEUCADI A BL WS ORPHEUS AV 864 ORPHEUS AV WS RTE 5 SS LEUCADI A BL WS ORPHEUS AV 603 LEUCADIA BLVD ES ROUTE 5 SS LEUCA DIA BLVD EXHIBIT A Rte / I-5 PM / TR H-Light H-Light H-Light H-Light H-Light H-Light Item 8E 8 of 30

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