HomeMy WebLinkAboutResolutions - No. 82-21RESOLUTION NO. 82-21
RESOLUTION APPROVING COOPERATIVE AGREEMENT
(10 -SJ -12-16.9/17.9) BETWEEN TRE CITY OF LODI AND THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION REGARDING THE
MODIFICATION OF THE TRAFFIC SIGNAL AT HUTCHINS STREET
AND KETTLEMAN LANE e 10203--287401
RESOLVED that the City Council of the City of Lodi
does hereby approve the cooperative agreement between the City
of Lodi and the California Department of Transportation
regarding the modification of the traffic signal at Hutchins
Street and Kettleman. Lane (Highway 12), a copy of which is
attached hereto, marked Exhibit "A", and thereby made a part
hereof.
BE IT FURTHER RESOLVED that the City Council of the
City of Lodz does hereby authorize the Mayor and City Clerk to
execute the subject agreement can behalf of the City.
Dated: March 10, 1982
I hereby certify that Resolution No. 82--21 was passed
and adopted by the City Council of the City of Lodi in
a regular meeting held March 10, 1982 by the following
vote-,
Ayes: Councilmen ® Hughes, Pinkerton, and McCarty
Noes- Councilmen - None
Absent: Councilmen -- Katnich, Murphy
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,Cle
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City Clerk
82-21
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10 -SJ -12-16.9
10203 - 287701
Hutchins Street
District Agreement No. 10-708
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 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 Hutchins Street with State
Highway Route 12, referred to he -rein as "PROJECT", and desire to specify the
terms and conditions under which such system is to be installed, financed and
maintained.
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SECTIO' I
STATE AGREES:
(1) To provide plans and specifications and all necessary construc-
tion 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 construction costs; but in no
event shall STATE'S total obligation for construction costs under this
agreement exceed the amount of $60,444; provided that STATE may, at its sole
discretion, in writing, authorize a greater amount,"
(4) To maintain and operate the entire traffic control signal systeni
and safety lighting as installed and pay an amount equal to 501" of the total
costs.
SECTION 11
CITY AGREES:
(1) To deposit with STATE prior to award of a construction contract
for PROJECT, the amount of $52,560, which figure represents CITY'S estimated
share of the expense of preparation of plans and specifications, construction
engineering, utility negotiation and inspection, and construction costs
required to complete PROJECT, as shown on Exhibit A. In no event shall CITY'S
total obligation for said costs under this agreement exceed the amount of
$60,444; provided that CITY may, at its sole discretion, in writing, authorize
a greater amount,
(2) CITY'S share of the construction costs shall be an amount equal
to 50% of the actual cost for the entire PROJECT, as determined after
completion of work and upon final accounting of costs.
(3) CITY'S share of the expense of preparing plans and specifications,
shall be an amount equal to 50% of the actual costs of preparing plans and
specifications for the entire PROJECT.
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(4) CITY'S share of the expense of construction engineering shall be an
amount equal to 50% of the actual costs of construction engineering for the entire
PROJECT.
(S) To reimburse STATE for CITY'S proportionate share of the cost of
maintenance and operation of said traffic control signal systems and safety
lighting, such share to be an amount equal to 50100 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) STATE shall not award a contract for the work until after receipt
of CITY'S deposit required in Section 11(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 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 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 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 not delegated to -
CITY under this agreement.
M
(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 notwithstanding other provisions of this agreement.
(6) After opening of bids CITY'S estimate of cost will be revised based
on actual bid prices. CITY'S required deposit under Sections II(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.
(7) 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.
(8). If, upon opening of bids, it is found that a cost overruns exceeding
15% of the estimate will occur, STATE and CITY shall endeavor to agree upon an
alternative course of actions.
(9) 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
(10)If termination of this agreement is by mutual agreement, STATE will
bear a0% and CITY will bear 50% of all costs incurred prier to termination.
(11.) 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.
(12) 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, relocations 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% SPATE. and 50% CITY.
M
(13) 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. However, STATE'S shart is accounted
for in a statewide account and is not shown separately on each project's cost
breakdown.
(14) That this agreement shall terminate upon completion and accep-
tance of PROJECT by STATE and CITY or on June 1, 1984, whichever is earlier in
time; however, the ownership and maintenance clauses shall remain in effect
until terminated, in writing, by mutual agreement.
STATE OF CALIFORNIA
Department of Transportation
ADRIANA GIANTURCO " _'
Director of Transportation
BY
District Director
CITY OF LODI
By
Ra—yor
Attest:
City —__CTe r _k
ITEM OF COST
Preparing Plans and
Specifications
(includes Direct and
Indirect Overhead)
Construction
Construction Engineering
(includes Direct and
Indirect Overhead)
TOTALS
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EXHIBIT "A"
Distribution of Cost
STATE CITY
$ 5,950 5,950
10 -SJ -12-16.9
10203 - 237401
On State Route 12 at
Hutchins Street
District Agreement No. 10-708
TOTAL ESTIMATED COST
$11,900
$39,500 $39,500 $79,000
7,110 7,110 $14,220
$52,560 $52,560 $105,120