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HomeMy WebLinkAboutAgenda Report - June 5, 1991 (83),• OF COUNCIL COMMUNICATION CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Maintenance and Energy Agreement With State for Traffic Signal at Kettleman Lane and Mills Avenue MEETING DATE: June 5, 1991 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council adopt the attached resolution approving the maintenance and energy agreement (Cooperative Agreement No. 10-852) with the State of California Department of Transportation for the traffic signal to be installed at Kettleman Lane (Highway 12) and bills Avenue. BACKGROUND INFORMATION: The City will be installing traffic signals at Kettleman Lane and Mills Avenue using Federal -Aid Urban (FAU) funds. This agreement covers the sharing of costs for the maintenance and energy used at the signal after the project has been completed. Under this agreement, the State will furnish a California Type 170 Controller Assembly for the project. They will also pay 670 of the cost to maintain and operate the entire traffic control signal system and fighting at this intersection. The State is paying 67% because this signal will have only three legs and two of them are on Highway 12. This agreement is similar to other agreements with the State to cover the maintenance and operation of signals along Highway 12. FUNDING: The maintenance of this signal is budgeted in the Street Operation budget. Ja4 L. Ronsko Pub is Works Director Prepared by Sharon 8laufus, Administrative Assistant JLR/SB/mt Attachment APPROVED: I - �t�-A_ a• �'"� THOMAS A. PETERSON .K K..OMO.. City Manager CC -1 CKETTLE2/TXT44.02M (CO.COM) May 28, 1991 RESOLUTION NO. 91-100 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE MAINTENANCE AND ENERGY AGREEMENT WITH THE STATE OF CALIFORNIA FOR TRAFFIC SIGNAL AT RETTLEMAN LANE AND MILLS AVENUE WHEREAS, the Lodi City Council adopted Resolution 91-90 on May 15, 1991 approving Program Supplement No. 033 to the local Agency/State Agreement'with the Department of Transportation for the installation of a traffic signal at Kettleman Lane and Mills Avenue, using Federal -Aid Urban (FAU) funds; NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council does hereby approve Cooperative Agreement No. 10-852 with the State of California, Department of Transportation for the sharing of costs for the maintenance and energy used at this signal after the project has been completed; and BE IT FURTHER RESOLVED, that the Lodi City Council does hereby authorize the City Manager and City Clerk to execute the subject documents on behalf of the City of Lodi. Dated: June 5, 1991 I hereby certify that Resolution No. 91-100 was passed and adopted by the Lodi City Council in a regular meeting held June 5, 1991 by the following vote: Ayes: Council Members - Penni no, Pinkerton, Sieglock and Snider Noes = Council Members - None Absent: Council Members - Hinchman {Mayor) v r,i fe�r�M Per�in D puty City Clerk Alice M. Reimche U City Clerk RES91100/TXTA.02J CITY COUNCIL DAVID M HINCHNMAN. Mayor JAMESW PINKERTON. tr -Mayor Pro Tempore PHILLIP A PENNI.NO JACK A StECLOCK JOHN,R (Randy) SNIDER CITY OF LODI CI 1Y HALL. 271 WEST PINE STREET P O BOX 3006 LODI, CALIFORNIA 95241-1910 (209)334-5634 FAX (20) 333 6795 June 7, 1991 14 William Y. Wrng Assistant Chief Traffic Branch State Department of Transportation P.O. Box 2048 Stockton, CA 95201 Re: 10 -SJ -12-15.68 Agreement 10-852 Dear M Wong: THOMAS A PETERSON City Manager ALICE M REIMCHE Cit% Clerk 1308 McNATT City Attorney Pursuant to your W 10, 1991 letter, enclosed herewith please find three executed copies (original and two duplicates) of Cooperative Agreement No. 10-852 for energy and maintenance responsibility of the proposed traffic signal installation at the intersection of Kettleman Lane (SR12) and Mills Avenue in Lodi which was approved by the Lodi City Council on June 5, 1991. Also for your information is a certified copy of the authorizing Resolution No. 91-100. Please return a fully executed copy of the subject agreement at your earliest convenience. Should you have any questions, please do not hesitate to call this office. Very truly yours, kity M�che Clerk ORIGINAL, 10 -SJ -12-15.68 Signals at the Intersection of t,iills Ave with Route 12 (Kettleman Lane) Agreement No. 10-852 10351 - 431508 THIS AGREEMENT, ENTERED INTO ON — ` ^� is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF LOD.I 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 signal system and safety lighting at the intersection of Mills Avenue with Route 12 (Kettleman Lane), referred to herein as "PROTECT", and desire to specify the terms and conditions under which such systems are to be installed, financed, and maintained. (2) CITY proposes to perform subsurface construction work within said State Highway and STATE requires that said work be accomplished in accordance with STATE Is Policy on High and Low Risk Underground Facilities Within Highway Rights of Way". SECTION I CITY AGREES elk (1) To fund one hundred (100) percent of all preliminary, design engineering, and construction costs, but not limited to, costs for preparation of contract documents and advertising and awarding the project construction contract. (2) To identify and locate all high and low risk underground facilities within the project area and protect or otherwise provide for such facilities, all in accordance with STATE's "Policy on High and Low Risk Underground Facilities Within Highway Rights of Way". Costs of locating, identifying, protecting or otherwise providing for such high and low risk facilities shall be distributed and borne in the same manner as described in Section III, paragraph (5j6). CITY hereby acknowledges the receipt of STATE's "Policy on High and Low Risk Underground Facilities Within Highway Rights of Way" and agrees to construct the PRCJECT in accordance with such Policy. (3) To construct the PROJECT in accordance with plans and specifications of CITY, to the satisfaction of and subject to the approval of STATE. (q) 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 33% of the total costs. (5) To apply for necessary encroachment permits for work V, within State Highway rights of way, in accordance with STATEEIs standard permit procedures. (6) To retain or cause to be retained for audit for STATE or other government auditors for a period of three (3) years from date of final payment all records and accounts relating to construction of the PROJECT. SECTION II STATE AGREES: (1) To provide free of charge, to the CITY, California Type 170 Controller Assembly. Said controller to be used in constructing PROJECT. (2) To maintain and operate the entire traffic control signal system and safety lighting as installed and pay an amount equal to 670 of the total cost. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: (1) All obligations of STATE under the terms of this agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) Should any portion of the PROJECT be financed with Federal funds or State gas tax funds all applicable procedures and 3 policies relating to the use of such funds shall apply notwithstanding other provisions of this agreement. (3) Neither STATE nor any officer or employee thereof shall be responsible for any 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 NOT DELEGATED TO state under this agreement. It is also agreed that, pursuant to Government Section 895.4 CITY shall fully indemnify and hold STATE 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 CITY under or in connection with any work, authority or jurisdiction not delegated to STATE under this agreement. (4) Neither CITY nor any officer or employee thereof shall be 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 delegated to STATE 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 delegated to STATE under this agreement. (5) Upon completion of all work under this agreement, ownership and title to all electrical materials, signal equipment 4 and appurtenances installed will be jointly shared in the ratio of 67% STATE and 33% CITY, and no further agreement will be necessary to transfer ownership. (6) If existing public and/or private utilities conflict with the construction of the PROJECT, CITY will make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. CITY will inspect the protection, relocation or removal of such utilities. If there are costs of such protection, relocation or removal which STATE and CITY must legally pay, STATE and CITY will share in the cost of said protection, relocation or removal in the amount of 67% STATE and 33% CITY. (7) That, in the construction of said work, CITY will furnish a representative to perform the functions of a Resident Engineer, and STATE may, at no cost to CITY 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 on work within STATE's right of way. (8) That this agreement shall terminate upon completion and acceptance of PROJECT by STATE and CITY or whichever is earlier 5 in time; however, the ownership and maintenance clauses shall remain in effect until terminated in writing by mutual agreement. STATE (F CALIFORNIA Department of Transportation ROBERT BEST Director of Transportation BV District Director APPROVED AS TO FORM AND PROCEDURE Attorney Department of Transportation CERTIFIED AS TO FUNDS AND PROCEDURE i District Accounting Administrator 6 CITY LODI By i Attest City Clerk Approved as to form �5;q 'f Bob McNatt City Attomey Date: ✓ • ` C1 /