HomeMy WebLinkAboutContracts & Agreements_35-1981_CCv0001.pdf 087'C-T-134. 1
08351 - -22-540M
in Red Ss at Orange Street
and pears =r 7.;-ani-!: Avenue
District Agreement- No. 8-415
THIS AGRETEICEINIT, ENTED i-NTO ON is between
the STATE OF CALIFOR:7TL a
and its Department of
Transportation, referred to he�--=-'-r- as STATE
CITY OF -1-3:DLANDS,
a body politic, and a municipal
cor-ooratlio-n of the State of
California. -referred to herein
as CITY
RECITAL
( 1 ) STAVE and CIS Y. con templale -f--rii-s-111-allfng a traffic
control signal syste---i, --roadway g—hting, cu- -- --urns, sidewalk and
wheelchair ra—mips , in Redlands , at the intersection cf Pennsylvania
Avenue with State Hiz-hway Route 30 (Orange -Street) , referred to
herein as "PROJECT and nesi-re to specify the terms and conditions
under which such im-p-=,.-ements are to be con-s--ructed, financed and
maintained
O-N-, T
14
CITY AGREES:
1 To ad-,7-e--tise , a-.,and and a1-d----" -r--'Lster the PROJECT
and to pay the cost
(2) To the PROjECT, �-DnI-Iract in accordance
with the plans and of ST±"-'.7'-E-.
(3) To Day all construction costs other than the
cost of the STATE furnished Type 170 traffic signal controller
assembly.
(4) To reimburse STATE for CITY'S proportionate
share of the cost of maintenance and operation of said traffic
control signal system and roadway lighting, such share to be
an amount equal to 50% of the total cost.
SECTLION II
STATE AGREES:
,•
( 1) To provide CITY with complete plans, speci-
fications, and cost estimate for the PROJECT at no cost to
CITY.
(2) To de-oos-it, with CITY prior to award of a
construction contract (billing will be forwarded following
CITY'S bid advertising date of a construction contract for
PROJECT) the amount of $2,000, which figure represents STATE'S
total estimated share of the expense required to complete
PROJECT, less STATE'S total estimated cost of preparing plans ,
specifications, and estimate, providing construction engineering
and providing a Type 170 signal controller assembly all as shop-m
on EXHIBIT A.
(3) To bear STATE'S share of costs for the PROJECT
as shown on EXHIBIT A which is attached and made a part of this
agreement at an estimated cost of 540,830; but in no event shall
STATE'S total obligation for PROJECT costs under this agreement
exceed the amount of $44 ,913; provided that STATE may, at its
sole discretion, in writing, authorize a greater amount.
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(4) To furnish a Type 170 signal controller assembly.
(5) To provide construction engineering (a qualified
engineer who shall act as Resident Engineer and administer the
contract through CITY) at no cost to CITY.
(6) STATE' S share of the construction costs shall be
an amount equal to the actual cost for the Type 170 signal controller
assembly.
(7) To maintain and operate the entire traffic control
signal system and roadway lighting as installed and pay an amount
equal to 507. of the total costs .
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.
(1. 1) All obligations of CITY under the terms of this
agreement are subject to the appropriation of resources by the
City Council and the allocation of resources by the City Manager.
(2) That CITY shall- not award a contract for the work
until after receipt of STATE' S deposit required in Section 11(2) .
(3) Neither STATE nor any officer or employee thereof
shall be responsible for any damage or liability occuring 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 Govern-
ment Code Section 895 .4, CITY shall fully indemnify and hold STATE
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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 omit-ted to be done by 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
Goverment 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) Should any portion of the PROJECT be financed
with Federal-Aid highway funds or State gas tax funds, all
applicable procedures and policies related to the use of such
funds shall apply notwithstanding other provisions of this
agreement.
(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 and payment therefore.
CITY will inspect the protection, relocation or removal of such
utilities.
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CITY
(7) 1 shall 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 o-.,L� Way" . Costs of locating,
C:)
identifying, protecting or otherwise providing for such high
and low risk facilities shall be borne 50i% by STATE and 50%
CITY. CITY hereby acknowledges receipt of STATE'S "Policy on
High and Low Risk Underground Facilities Within Highway Rights
of 14'ayt? .
(8) The cost of any engineering or maintenance
referred to herein shall include all direct and indirect costs
(functional and administrative overhead assessment) attrib-
utable to such work, applied in accordance with STATE'S
standard accounting procedures.
(9) 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%o STATE and 5051�, CITY.
00) 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- , ST-ATE will bear 50% and CITY will bear 504
of all costs incurred prior to termination.
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( 12) STATE'S obligation under this agreement shall
terminate upon completion and acceptance of PROJECT by STATE and
CITY or on December 31 , 1982, 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 CITY OF REDLAND t LL
Department of Transportation
ADRIANA OIANTURCO By _ f
r;
Director of Transportation Mayor
By Attest:
District Director of ity=
Transportation
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF REDLANDS
On this 4th day of November, in the year 1981, before me
Charles G. DeMirjyn personally appeared, known to
me to be .MAYOR of THE CITY OF REDLANDS
and mown to me to be the person who executed the within instru-
ment on behalf of said political subdivision, and acknowledged
to me that such CITY OF REDLANDS executed the same.
City k, City o f Redlaqds-
EXHIBIT A
08-SBd-30-T34. 1
08351 - 223401
COST ESTIMATE
CITY Share STATE Share TOTAL
Worked Per--�'orm-ed b,
= STATE
=- I E,
Prepare Plans, Specifi-
cations and Estimate 0 $16,830 $ 16,830
Work-ed P--r-l"ormed by CITY
High Risk Utiliuy
Protection $ 2,000 2 ,000 $ 4,000
Construction Contract $89,000 $101000* $ 99,000
Advertise, Award and
Administer ContraC_-'-_ 3,000 0 $ 3,000
Co.--straction Era in Bring 0 $12,000 $ 12,000
TOTAL $94,000 $40,830 $134,830
STATE' S deposit = �2,000; STATE' S maximum share = 44,913
*$10,000 = cost of Type 170 sis=al controller assembly