HomeMy WebLinkAboutResolutions - No. 88-131RESOLUTION NO. 88-131
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE COOPERATIVE
AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR
THE PROPOSED MODIFICATION OF TRAFFIC SIGNAL AT STOCKTON STREET AND
KETTLEMAN LANE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
AGREEMENT AND RELATED DOCUMENTS ON BEHALF OF THE CITY OF LODI.
RESOLVED, that the City Council of the City of Lodi does hereby approve
the Cooperative Agreement with the State Department of Transportation
(CALTRANS) for the proposed modification of traffic signal at Stockton
Street and Kettleman Lane, attached hereto as Exhibit A and
incorporated herein by reference; and
FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized
to execute the Agreement and related documents on behalf of the City of
Lodi.
Dated: September 28, 1988
I hereby certify that Resolution No. 88-131 was passed and
adopted by the City Council of the City of Lodi in a regular
meeting held September 28, 1988 by the following vote:
Ayes: Council Members - Hinchamn, Reid, Snider and
Pinkerton (Mayor)
Noes: Council Members - None
Absent: Council Members - Olson
,
Alice M. Reimche
City Clerk
88-131
10 -SJ -12 17.4
10200 - 404501
In Lodi at Stockton St
District Agreement No. 10- 813
THIS AGREEMENT, ENTERED INTO ON is between the
STATE OF CALIFORNIA, acting by and through s 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 modifying a traffic control signal
at the intersection of Stockton Street with State Highway Route 12, referred to
herein as "PROJECT", and desire to specify the terms and conditions under which
PROJECT is to be engineered, constructed, financed and maintained.
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SECTIUN I
STATE AGREES:
(1) To provide all necessary preliminary engineering, including plans
and specifications, and all necessary 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 pay an amount equal to 50% of the PROJECT construction costs,
as shown on Exhibit A but in no event shall STATE's total obligation for PROJECT
construction costs, under this Agreement, excluding costs referred to in Section
III, Article (9), exceed the amount of $4,916; provided that STATE may, at its
sole discretion, in writing, authorize a greater amount.
(4) Upon completion of PROJECT and all work incidental thereto, to
furnish CITY with a detailed statement of the portion of the engineering and
construction costs to be borne by CITY, including resolution of any claims which
may be filed by STATE's contractor, and to refund to CITY promptly after
completion of STATE's audit any amount of CITY's deposit required in Section II,
Article (1) remaining after actual costs to be borne by CITY have been deducted,
or to bill CITY for any additional amount required to complete CITY's financial
obligations pursuant to this Agreement.
(5) To maintain the entire traffic control signal and safety lighting
as installed and pay an amount equal to 50% of the total maintenance costs,
including electrical energy costs.
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(6) To operate the traffic control signal as installed and pay 100%
of the operation cost.
SECTION II
CITY AGREES:
(1) To deposit with STATE within 25 days of receipt of billing
therefor (which billing may be forwarded immediately following STATE's bid
advertising date of a construction contract for PROJECT) the amount of $6,155,
which figure represents CITY's estimated share of the expense of preliminary
engineering, construction engineering, and construction costs required to
complete the PROJECT, as shown on Exhibit A. CITY's total obligation for said
anticipated project costs, exclusive of claims and excluding costs referred to
in Section III, Article (9), under this Agreement shall not exceed the amount of
$7,078; provided that CITY may, at its sole discretion, in writing, authorize a
greater amount.
(2) CITY's share of the construction cost (estimated to be $4,275)
shall be an amount equal to 50% of the total actual construction cost, including
the cost of claims, the cost of STATE defense of any claims and the cost of
STATE -furnished material, if any, as determined after completion of work and
upon final accounting of costs.
(3) CITY's share of the expense of preliminary engineering shall be
an amount equal to 22% of CITY's share of the actual final construction cost.
(4) CITY's share of the expense of construction engineering shall be
an amount equal to 22% of CITY's share of the actual final construction cost.
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(5) To pay STATE upon completion of all work and within 20 days of
receipt of a detailed statement made upon final accounting of costs therefor,
any amount over and above the aforesaid advance deposit required to complete
CITY's financial obligation pursuant to this Agreement.
(6) To reimburse STATE for CITY'S proportionate share of the cost of
maintenance of said traffic control signal and safety lighting, such share to be
an amount equal to 50% of the total maintenance costs, including electrical
energy costs.
CGrTTnN TTT
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) STATE shall not award a contract for the work until after receipt
of CITY's deposit required in Section II, Article (1).
(3) 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 notwithstanding other provisions of this
Agreement.
(4) After opening of bids, CITY'S estimate of cost will be revised
based on actual bid prices. CITY'S required deposit under Section II, Article
(1) above will be increased or decreased to match said revised estimate. If
deposit increase or decrease is less than $1,000, no refund or demand for
additional deposit will be made until final accounting.
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(5) 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.
(6) If, upon opening of 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. If, after 30 days, an alternative course
of action is not agreed upon, this Agreement shall be deemed to be terminated by
mutual consent pursuant to Article (8) of this Section III.
(7) Prior to award of the construction contract for the PROJECT, CITY
may terminate this Agreement by written notice, provided that CITY pays STATE
for all costs incurred by STATE.
(8) 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,
except that any utility relocation costs shall be prorated in accordance with
STATE's/CITY'S responsibility for utility relocation costs.
(9) If existing public and/or private utilities conflict 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, which 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,
plus cost of engineering overhead and inspection, in the amount of 50% STATE and
50% CITY. Required protection, relocation or removal of utilities shall be
performed in accordance with STATE policy and procedure.
(10) Upon completion of all work under this Agreement, ownership and
title to all signal, materials, equipment and appurtenances installed will be
jointly shared in the ratio of 50% STATE and 50% CITY.
(11) 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, applied in accordance with
STATE's standard accounting procedures.
(12) 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 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.
(13) 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 not delegated to CITY under this Agreement. It is also agreed
that, pursuant to Government Code Section 89b.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 not delegated to CITY under this Agreement.
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(14) That, in the construction of said work, STATE will furnish a
representative to perform the functions of a Resident Engineer, and CITY may, at
no cost to STATE, 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.
(15) That execution of this Agreement by CITY grants to STATE the
right to enter upon CITY owned lands to construct the PROJECT referred to
herein.
(16) That this Agreement shall terminate upon completion and
acceptance of the PROJECT construction contract by STATE or on December 30,
1989, whichever is earlier in time; however, the ownership and maintenance
clauses shall remain in effect until terminated, in writing, by mutual
agreement. Should any claim arising out of this PROJECT be asserted against
STATE, CITY agrees to extend the termination nate of this Agreement ano provide
additional funding as required to cover CITY's proportionate share of costs or
execute a subsequent agreement to cover those eventualities.
STATE OF CALIFORNIA
Department of Transportation
ROBERT K. BEST
Director of Transportation
By
UISLFICL uIrector
Approved as to form and procedure
CITY 9F LODI
/I
B yr
Mayor
f'
Attest
i y erc
Approved as to form r
Bob lk-Natt
City Attorney
Attorney, Department of Transportation
Date:
Certified as to funds and procedure
SEP 2 0 1988
10 -SJ -12 17.4
10200 - 404501
District Agreement No. 10 -
EXHIBIT A
ESTIMATE OF COST
Total Est
City's
State's
Description
Cost
Share.
Share
Construction Cost
Signals
$ 8,550
$ 4,275
$ 4,275
Engineering Cost - Signals
Prelim Engr (Non -Labor)
3.1% of Const Cost
264
132
132
Prelim Engr (Labor only)
12.7% of Constr Cost
1,086
543
543
Prelim Engr (Overhead)
49% of 12.7% - 6.2% of
Const Cost
530
265
265
Const Engr (Non -Labor
5.0% of Const Cost
428
214
214
Const Engr (Labor only)
11.4% of Constr Cost
974
487
487
Const Engr (Overhead)
49% of 11.4% = 5.6% of
Const Cost
478
239
239
TOTAL
$12,310
$ 6,155
$ 6,155