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HomeMy WebLinkAboutContracts & Agreements_43-1979_CCv0001.pdf 08-SB J-32-0 .3 08351 - 20501 orange Street at Brockton Avenuc District Agreement No. - THIS A * I c- GREEMENT, ENTERED !NTC ON it, /4- 7 1 9ZZ, I S 7 BETWEEN 4 CITY OF REDLA NDS a body politic and a municipal corporation of the State of California, referred to herein as "CITY'' AND STATE OF CALIFORNIA acting by and through its Department of Transportation, referred to herein as "STATE` RECITALS (1) STATF and CITY contemplate installing traffic control signal system and safety lighting at the intersection of Brockton Avenue with State Highway Route 38 (orange Street) , 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) It is anticipated that Federal-Aid Urban Funds will be allocated for financing 100% 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 CITY AGREES: (1) To provide plans and specifications for the PROJECT and to bear CITY'S share of the expense thereof. (2) To pay the functional and administrative overhead assessments attributable to 50% of the construction engineering costs as described in Section III, paragraph 8. STATE will bill CITY after final accounting of all construction engineering charges have been made . Cost shall be determined per the then current overhead assessment rate . (3) To identify and locate all high and low risk under- ground facilities within the project area and protect or other- wise 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, -2- protecting Cr otherwise provid%F for such high and low risk facilities shall be distributed and borne in the same manner as described in Section M, paragraph 7 . 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. (4) To certify to STATE that the right of way Is owned by CITY or that CITY had Rigkt of Entry to do work prior to advertising . (5) To reimburse STATE for CITY'S proportionate share of the cost of maintenance and operation of said traffic control signal systems and safety lir ht such share to be an amount equal to 50% of the total costs . SECTION IT STATE AGREES: (1) To construct the PROJECT by contract in accordance with the plans and specifications of CITY. (2) To pay the amount of $3,000, which figure represents STATE 'S estimated share of the expense of preparation of plans and specifications . In no event shall STATE 'S total obligation for said costs under this contract exceed the amount of $3,000; provided that STATE may, at its sole discretion, in writing authorize a greater amount . (3) STATE '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 . (4) To maintain and operate the entire traffic control signal systems and safety lighting as installed and pay an -3- amount equal to 50% of the total costs . SECTION HT IT IS MUTUALLY AGREED AS FOLLOWS: (1) Al`! obligaticns of STATE under the terms of this Agreement are subject to the allocation of resources by the Legislature and the California Transportation Commission. (2) 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 b7 CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement . (3) Neither CITY nor any officer or employee thereof, is 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 . -4- (4) Should any portion of the PROJECT be financed with Federal funds or State gas tax funds all applicable procedures and policies relating o to the use of such funds shall apply not- withstanding other provisions of this Agreement . (5) The costs referred to herein are based on the assumption that Federal-Aid Urban Funds will be allocated for financing 100% of the colts . 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 ls participation may be renegotiated to "make up" for the loss of Federal funds . (6) 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. (7) 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. (8) If existing public and private utilities conflict with the construction of the PROJECT, CITY will make all necessary arrangements with the owners of such utilities for their removal or relocation. CITY will inspect the removal or relocation of such utilities . If there are no existing provisions for removal or relocation of utilities between CITY and/or STA75: and the owners of the utilities, STATE and CITY will share in the cost of removal or relocation in the amount of 50A STATE and 50% CITY. -5- Z (9) 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 share is accounted for in a state- wide account and is not shown separately on each project 's cost breakdown. STATE OF CALIFORNIA CITY OF RZQLAN_1),S llepartment of Transportation ADRIANA GIANTURCO BY Director of Transportation /(Mayor ) By Attest:, /X, /Astiict �j Nero r-11 W,