HomeMy WebLinkAboutResolutions - No. 91-100RESOLUTION NO. 91-100
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A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING THE MAINTENANCE AND ENERGY AGREEMENT
WITH THE STATE OF CALIFORNIA FOR TRAFFIC SIGNAL
AT KETTLEMAN 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 - Pennino, Pinkerton, Sieglock and
Snider
Noes: Council Members - None
Absent: Council Members - Hinchman (Mayor)
J nifer M errin
D putt' City Clerk
lice M. Reimche
City Clerk
RES91100/TXTA.02J
UhiU1NA:
10 -SJ -12-15.68
Signals at the Intersection
of Mills Ave with Route 12
(Kettleman Lane)
Agreement No. 10-852
10351 - 431508
THIS AGREEMENT, ENTERED INTO ON _ ° -j t is
between 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.
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
"PROJECT", 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's Policy on High and Low Risk
Underground Facilities Within Highway Rights of Way".
SECTION I
CITY AGREES:
(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 (5/6). 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 PROJECT 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.
(4) 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
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within State Highway rights of way, in accordance with STATE's
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 67% 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
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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
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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
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in time; however, the ownership and maintenance clauses shall
remain in effect until terminated in writing by mutual agreement.
STATE OF CALIFORNIA CITY,. LODI
Department of Transportation !1 _
ROBERT BESTBy i ,
Director of Transportation Piayar�'
By
District Director
APPROVED AS TO FORM AND PROCEDURE
Attorney
Department of Transportation
Attest `Lr:(._ ii>:;1XL11
City Clerk
Approved as to form EfFJ f
Bob McNatt
/ City Attorney
Date:
CERTIFIED AS TO FUNDS AND PROCEDURE
District Accounting Administrator
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