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HomeMy WebLinkAboutContracts & Agreements_36-1981_CCv0001.pdf O8_ 8d-10-29.8 08351 - 246901 Tennessee Street at Colton Avenue District Agreement No. 8-416 THIS AGREEMENT, ENTERED INTO ON November 16, 19-31 , is between the STATE OF CALIFORNIA, acting by and through its Department of 1-11 Transportation, referred to herein as STATE, and CITY OF REDLANDS a body politic and a municipal corporation of the State of California, referred to herein as CITY RECI7-ALS (1) STATE AND CITY cont-em­ola-te installing traffic on ro-1 signal system, safety lighting, and roadway resurfacing at the inter- section of Tennessee Street with Colton Avenue, referred to herein as "PROJECT" ,, and desire to specify the terms and conditions under which such systems are to be installed, financed and maintained. SECTION I STATE AGREES: (1) To provide 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 Ex- hibit 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 25% of signal related construction costs plus roadwork costs as indicated on Exhibit A; but in no event shall STATE' S total obligation for construction costs under this agreement exceed the amount of $28,160; provided that STATE may, at its sole discretion, in writing, authorize a greater amount. (4) To maintain and operate the entire traffic control signal system and safety lighting as installed and pay an amount equal to 25% of the total costs. SECTION II CITY AGREES: (1) To deposit with STATE prior to award of a construction contract for PROJECT, the amount of $79,000, which figure represents CITY' S estimated share of the expense of preparation of plans and specifications, construction engineering, and construction costs -2- 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 $86,900; provided that CITY may, at its sole discretion, in writing, authorize a greater amount. (2) CITY' S share of the construction costs shalt be an amount equal to 75% of the actual signal related costs 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 P specifications, shall be an amount, equal to 12% 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 14,"0 of CITY- IS share of the actual final construction cost. (5) To reimburse STATE for CITY' S proportionate share of the cost of maintenance and operation of said traffic control signal system and safety lighting,,hting, such share to be an amount equal to 75% of the total cost. S EECTI O'N., -L-, T I I IT IS MUTUALLY AGREED AS FOLLC,'r�S : (1) All obligations of STATE under the terms o-- this agreement are subject to the appropria-lZion of resources by the Legislature and the allocation of resources by the California Trans- portation. Commission. (1A) All obligations of CITY under the terms of this agreement are subject to the appropriationofresources by the City Council and the allocation of resources by the City Manager. -3- (2) STATE shall not award a contract for the work until after receipt of CITY' S deposit required in Section 11 (1). (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 agree- ment. (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 Sec- tion 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. (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. -4- (6) After opening of bids CITY' S estimate of cost will be revised based on actual bid prices. CITY' S required deposit under Section 11 (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 10% of the estimate will occur, STATE may award the contract. (8) If, upon opening of bids, it is found that a cost overrun exceeding 10% of the estimate will occur, STATE and CITY shall endeavor to agree upon an alternative course of action. (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 25% and CITY will bear 75% of all costs incurred 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 25% STATE and 75% CITY. -5- (12) If existing public and/or private utilities conflict with the construction of the PROJECT, STATE will make all necessary arrangements L - ments with the owners of such utilities for their protection, relocation or removal. STATE will inspect the protection, relocation 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 25% STATE and 75% CITY. (13) The cost of any engineering or maintenance referred to herein shall include all direct and indirect costs (functional and administrative over'-n-ead assessment) attributable to such work, applied in accordance with STATE' S standard accounting procedures. However, STATE' S share is accounted for in a statewide account and is not shown separately on each project' s cost breakdown. (1 4 ) That execution of this agreement by CITY grants to STATE the right to entelupon CITY ovm- ed lands to construct the PROJECT referred to herein. (15) That this agreement shall terminate upon completion and acceptance o-f" PROJECT by STATE and CITY or on August 31, 1983, whichever is earlier in time; however, the ownership and maintenance clauses shall remain in el`fect until terminated, in writing, by mutual agreement. STATE OF CALIFORNIA CITY OF REDLANDS Department of Transportation } ADRIANA GIANTURCO By , Dire9ti5r_,_'tkf Transportatio Fla r f` r Attest: fir, District Director Clerk( 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 known 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. �,�Ci y of Re ds 08-SBd-10-29.8 08351 - 246901 Tennessee Street at Colton Avenue in Redlands EXHIBIT "All ESTIMATE OF COST DESCRIPTION TOTAL COST CITY' S SHARE, STATE' S SHARE Construction: Signals 83, 200 62,400 $ 20,800 Roadwork 4,800 -0- . 4,800 Subtotal 88,000 $ 62,400 $ 25,600 Preliminar Engineer- ing (12Z 10, 560 $ 7,488 $ 3t072 Construction Engi- neering (14%) $ 12, 320 8,736 3,584 Total $1101880 78, 624 $ 32, 256 Use $79,000 for City of Redlands Agreement