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HomeMy WebLinkAboutAgenda Report - June 3, 1981 (48)LANE ''A proposed- agreement -between the State of California -. 10ETTLE� and the City which provides for the sharing of SIGNAL cost to modify the existing traffic signal at MODIFICATION Cherokee Lane and Kettleman Lane to an eight- AGREOMT phase system which provides additional left turn -AI>PROv-ED phases -and -safety lighting-. Under this agreement, the State agrees toprovidethe plans and specfi- RES. NO. 81-65 cations and. all :necessary construction engineer- ing to construct the -project; administer .the contract; and maintain and operate the entire traffic coutrol system and safety lighting-, paying , 500 of these maintenance costs. The City will " share -in the -cost of the _preparation- of the plans and specifications, construction engineering overhead, and in the cost of the maintenance and operation of the traffic signals amounting to 501 of the total cost. .It is estimated that the City's share of the cost of preparing the plans and specifications and construction engineer- ing overhead is between $5600 and $6400 and will be paid W th TDA funds. Council then adopted the following Resolution: RESOLUTION NO. 81-65 r RESOLUTION APPROVING THE AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY FOR THE SIGNAL MODIFICATION AND SAFETY LIGHTING PROJECT AT THE INTERSECTION OF CHEROKEE LANE AND KETTLEMAN LANE (HIGHWAY 12) AND AUTHORIZED THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT L B N :..,_: C l -TY C3 F L Q D I COUNCIL COMMUNICATION { PMIC WORKS DEPARTMENT TO: City Counc i i FROM: city Manager DATE: May 29, 1981 SUBJECT: Cherokee Lane and Kettleman Lane Signal Modification Agreement RECOMMENDED ACTION: That the City Council adopt a resolution approving the agreement between the State of California and the City for the signal modification and safety lighting project at the intersection of Cherokee Lane and Kettleman lane {Highway 12) and authorize the Mayor and City Clerk to sign the agreement. BACKG1t0U140 INFORMATION`: This agreement provides for the sharing of cost to modify Re- ex st ng traffic signal at Cherokee lane and Kettleman Lane to an eight -phase system which provides additional left turn phases and safety light - Ing. Under this agreement, the State- agrees to provide: the- pis and spec i f y - cations and all necessary construction engineering to construct the project; administer the contract; and maintain and operate -the entre -tr-aff• c control system and safety IIghting, paying 50% of these maintenance costs. The City will share to the cost of the preparation of the plans and specifications, con- struction engineering overhead, and in the cost of the maintenance and operation of the traffic signals amounting to 50% of the total cost. tt is estimated that the City's share of the cost for preparing the plans and specifications and con- struction engineering overhead is between $5600 and $6400, and will be paid with TDA funds. Federal Aid Urban funds will be used for financing 100% of the construction and construction engineering costs, it is estimated that the project will be adver- tised in January, 1982. The City will be required to deposit the estimated share of the expenses of preparation of the plans and specifications before the award of the contract will be made. The City has reviewed the plans for the proposed project and the recommended revisionizl"7 n made to the plans. Ja L. Ronsko Pub Ic Works Director APPROVED: I FILE NO. . GLAVtb, Lity manager CtW COUNCIL., Y HENRY A. GMVES, It, City ?AWWW, IAI�tES A. McCARTY; Mayor ROBERT G MLnePilr, ►N+y« Pro Tem CITY OF LO D I - ALICE M. RMACHE UCHARD L HLIGMS City C" CITY HALT. 221.WEST FINE STREET V1/ALTfR KATNICH' POST OFF KE BOX 320 RONALD M. STEIN AAJNES' W; PINKERTON: 1r LODI, CALIFORNIA 95241 City Attomey (209) 334-5634 June 11, 1981 Mr. L E. Sevy, P. E. Chief, Traffic Branch Department of Transportation P. O. Box 2048 Stockton, CA 95201 Re lO=SJ-12-17.9 Modify .Signals at Cherokee Ln. Dear Mr. Sevy: P1�se be that the Lodi CitYCounc Council at fts.regular meeting of June 3, 1981 adopted Resolu- tion No. 81-65 approving the aforer-eferenced.- Agreement. Pursuant to. your May 22, 1981 letter, enclosed please find? -two signed copies (original and duplicate) of the subject Agreement and a certified copy of Resolution No. 81-65. Please return a fully executed copy of this Agreement atYo ur earliest convenience. Very truly yours, Alice Re e )t18& ' City Clerk AR: dg Enc. t�_ _..... ...,_.:. . s 10-SJ-12-17.9 5.. k 10203 - 287701 Cherokee Lane i District Agreement No. 1.0-689 k s. e t i. THIS AGREEMENT, ENTERED INTO ON 1Sbetween the the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF LODI a body politic and a municipal corporation of the State of California, referred to herein as "CITY" r 5 .. -2- RECITALS (1) STATE AND CITY contemplate installing traffic control signal system and safety lighting at the intersection of Cherokee lane` with State Highway Route 12, referred to herein as "PROJECT", and desire tospecify the terms and conditions under which such systems- are to be installed, financed and maintained. (2) It is -anticipated that federal -Aid Urban Funds will be allocated for financing T00% of the construction and construction. engineering costs- which are eligible for Federal -Aid participation, and STATE and CITY will bear the remainder of the costs as set forth herein. SECTION I STATE AGREES-: (1) To _prov4­de, p1ans and specifications an -d aTl nere:rsary construction engineering services for the PROJECT and to bear STATE'S share of the- expense thereof, as shown on Exhibit A, attached and made a part of this agreement. (2) To construct the PROJECT by contract in accordance with the -plans and- specifications of STATE. (3) To maintain and operate the entire traffic control signal system and safety lighting as installed and pay an amount equal to 50% of the total costs. SECTION II CITY AGREES: (1) To deposit with STATE prior to award of a construction contract for PROJECT, the amount of $5,600, which figure represents CITY:S estimated share of the expense of preparation of plans,and specifications costs required to complete PROJECT, as shown on Exhibit Ae In no event shall CITY'S total obligation for said costs under this agreement exceed the amount of $6,440; provided that CITY may, at its sole discretion, in writing, authorize a greater amount. (2) CITY'S share of the expense of preparing plans anct specifications, shall be an amount equal to 50% of the actual costs. of preparing plans and specifications for the entire PROJECT. (3) To reimburse STATE for CITY'S proportionate share of k the cost of maintenance and operation of said traffic control signal system and safety lighting, such share to be an amount equal to 50% of t -he total cost. s f SECTION III IT IS HUTttALLY AGREW AS FaLLOUS: 1 (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) STATE shall not award a contract for the work until after receipt of CITY'S deposit required in Section II(l). (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 delegated to CITY under this agreement. It is also agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code r TIN -4- 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 delegated to CITY under this agreement. (4) Neither CITY nor any officer or employeq 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 connec- tion with any work, authority or jurisd-iction 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 harm- less 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 co_n-nection with any work, authority, or jurisdiction not deleg-ated to C-ITY ueder this agreement. (5) Should any portion of the PROJECT be financed with federal funds or State gas tax funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstand- ing otwithstand- ing other provisions of this agreement. (6) The costs referred to herein are only "matching funds" based on the assumption that Federal -Aid Urban Funds will be allo- cated for financing approximately 100% of the costs as shown on Exhibit A. In the event that Federal -Aid participation is not secured, this agreement may be terminated by either party at any time prior to the award of a construction contract, or alternatively, each party's participation may be renegotiated to "make up" for the loss of federal funds. e (7) After opening of bids, CITY'S estimate of cost will be revised based on actual bid prices. CITY'S required deposit under Section II(1) above will be increased or decreased to match said M- -5- [M revis 5- revised estimate. If deposit increase or decrease is less than $1,000 no refund or demand fqr additional deposit will be made until final I accounting. (8) After opening bids for the PROJECT and if bids indicate a cost overrun of no more than 15% of the estimate will occur, STATE may award the contract. (9) I:f, upon opening bids, it is found that a cost overrun exceeding 15% of the estimate will occur, STATE and CITY shall endeavor to agree upon an alternative course of action. (10) Prior to advertising -for -bids for the PROJECT, CITY may terminate this agreement in writing, provided that CITY pays STATE for all costs incurred by STATE. (11) If termination of this agreement is by mutual agreement, STATE will bear 50% and CITY will bear 50% of all costs incurred prior to termination. (12) Upon completion of all work under this agreement, ownership and title to all materials, equipment and appurtenances installed will be jointly shared in the ratio of 50% STATE and 50% CITY. (13) If existing public and/or private utilities confli,t with the construction of the PROJECT, STATE will make all necessary arrangements with the owners of such utilities for their protection, relocation or removal. STATE will inspect the protection, relocation or -removal of such utilities. If there are costs of such protection, relocation or removal which the STATE and CITY must legally pay, STATE and CITY will share in the cost of said protection, relocation or removal in the amount of 50% STATE and 50% CITY. (14) 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, -app-lied in accordance with STATE'S standard accounting procedures. However, STATE'S share is accounted for in a statewide account and is not shown separately on each project's cost breakdown. (15) That this agreement shall terminate upon completion and acceptance of PROJECT by STATE and CITY or on July, 198-3, xhi-chewer is earlier in time; however., the ownership and maintenance clauses shall remain in effect- until terminated, in writing, by.mutuii-I 4' agreement. STATE OF CALIFORNIA Department of Transportation ADRIANA GIANTURCO Director of Transportation By District irec or By —Mayor Attest:_Gi� y Clerk M'OF_COST =FEDERAL -AID URBAN FUNDS 10 -SJ -12-17.9 On State Route 12 at Cherokee Ln` 102U - 287701 Dista Agreement No 1,04S EXHIBIT W Distribution of Cost MATCHING FUNDS TOTAL. ESTIMATED. COST STATE CITY Aring Pl ans-'WA- S 0 $3,650 $3,650 S 7,300 cifications-- - �s struction $56,000 ($64,400) f 0 (S 0) S 0 (S 0) $56,000 ($64.400) sLruct.ton Engineering 5 9.500 $ 0 (3 0) S 0 (S 0) $ 9,500 'r. eck aid^Indirect. t Q $1,950 $1,950 1 319W rheadu ning'and Stripingf 0 O) ,000 (S 1,000) TOTALS $66-500 (575,325) $5,600 ($6,440) Ss 600 (56.440) $77,700, (588,205) e 1` -.Figures. outside parentheses represent the estimated cost of PROJECT. 61. 2. '.Figures inside.parentheses provide for possible cost overrun up to 15% over estimated cost of PROJECT. 4 - •.. s RESOLVED that the City Council of the City of Lodi does hereby approve Agreement between the City of Lodi and the -State of California forthesignal modification and safety lighting .project at the intersection of Cherokee Lane and Kettleman Lane (Highway 12}= a copy of Which is attached hereto, marked Exhibit AK Anct theretby-inade at part hereof. NOW# THEREFORE, HE IT RESOLVED that the City Council of the City of 'Lodi does hereby authorize the. Mayor and City Clerk to --execute the subject' Agreement on behalf of the City. -Dated: June 3, 1981 I hereby certify that Resolution No. 81-65 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 3, 1981 by the follow- ing vote: Ayes: Councilmen - Murphy, Hughes, Pinkerton, RatnAch and McCarty Noes: Councilmen - None Absent: Councilmen - None ALICE M. RE MCHE City Clerk 0